Of the judgment of the court of first instance, the part against Defendant B in excess of the amount ordered to be paid below shall be revoked.

The reasons for this court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the modification of the first instance from 11 to 56 pages (Article 2-c, 420) of the judgment of the court of first instance (Article 42 of the Civil Procedure Act) as follows. Thus, this Court shall accept it as is

(C) Defendant B asserted to the effect that “The Plaintiff withdrawn KRW 11,100,000 from C’s deposit after the Plaintiff’s death, the said money is deducted from the Plaintiff’s claim amount or offset with the claim equivalent to the same amount.”

In full view of the purport of the entire pleadings in the statement in subparagraph 1 above, it is recognized that the Plaintiff withdrawn KRW 11,100,000 from the deposit account in the national bank account in the name of C between December 12, 2016 and December 13, 2016, when the Plaintiff died.

According to the above facts, the Plaintiff is obligated to pay KRW 11,100,000 to Defendant B, the heir of C, as unjust enrichment return.

Therefore, the defendant B's defense is justified.

2) Defendant B asserts that the said money should be deducted inasmuch as he brought all the money of a female ancestor in C’s funeral ceremony to the Plaintiff. In the event of a person’s death, the money of donation sent under the pretext of funeral or condolence money, etc. In the spirit of mutual aid, the bereaved family’s mental suffering would be above and reduced the economic burden of the bereaved family, and is donated for the purpose of contributing to the stabilization of the livelihood of the bereaved family, and barring any special circumstances, the co-inheritors of the deceased person’s co-inheritors would acquire his right in proportion to their respective shares of inheritance (see, e.g., Supreme Court Decision 92Da2998, Aug. 18, 1992). However, the Plaintiff’s money of donation received at C’s funeral ceremony is KRW 4,00,000, and the said amount was paid by the Plaintiff.