1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The scope of this court’s adjudication at the first instance trial against the Defendant, the heir of the deceased E (hereinafter “the deceased”), ① loans of KRW 70 million to the deceased transferred from D, ② sought reimbursement of KRW 15 million to the deceased’s funeral expenses paid on behalf of the Defendant, and the court of first instance dismissed all the Plaintiff’s claims.

Accordingly, the Plaintiff did not appeal to the above portion of the loan ① and appealed only to the above portion of KRW 10,737,50 among funeral expenses. Thus, the subject of this court’s judgment is limited to the above portion of KRW 10,737,500 among funeral expenses.

2. The plaintiff's assertion and judgment

A. Although the Defendant, who is the inheritor of the deceased, bears the funeral expenses of the deceased, the Defendant, on behalf of the Defendant, paid the funeral expenses of KRW 10,737,50 on behalf of the deceased, so the Defendant should pay the Plaintiff the above funeral expenses of KRW 10,737,50 and delay damages therefrom.

B. Determination 1) Each statement in Gap evidence Nos. 7, 14, 15, 17 through 26 (including each number) is insufficient to recognize that the plaintiff paid the funeral expenses of the deceased (the above evidence is only prepared by the plaintiff himself/herself or is merely a simplified receipt, and it cannot be an objective material that can specify the amount.

(2) There is no evidence to acknowledge otherwise. (2) Even if the Plaintiff paid KRW 10,737,50 for funeral expenses of the deceased, the following circumstances are as follows: (a) the Plaintiff was living together with the deceased on the premise of marriage, and paid expenses, etc. under his/her own supervision; (b) funeral expenses incurred after the deceased’s death and are not the Defendant’s inheritance liability; and (c) funeral expenses incurred in relation to the relationship between the Plaintiff and the deceased and the deceased, and in relation to funeral proceedings.