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(영문) 서울남부지방법원 2018.11.22 2018나55904
유증금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following determination as to the matters alleged in the court of first instance, and therefore, it refers to the grounds for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that, in light of the purport of the instant testamentary deed, it is reasonable to determine the cost of funeral expenses to be deducted from his/her own testamentary gift in consideration of the amount of funeral expenses generally appropriated for funeral expenses.

In light of the purport of the Certificate of this case, the Plaintiff’s assertion is without merit, if it is considered that, at the time of the funeral of the deceased, the Plaintiff claimed that the donation was KRW 9.1 million, and there is no evidence to acknowledge the amount of the donation. The amount of the donation was first appropriated for KRW 37,497,360, there is no money remaining to be separately paid to the Plaintiff even if it was appropriated for KRW 37,49,360. The amount of the donation paid under the name of the deceased, such as the donation or solatium, would give the emotional distress of the bereaved family in the spirit of mutual aid and reduce the economic burden of the bereaved family members following the funeral, and was donated for the purpose of contributing to the stabilization of the livelihood of the bereaved family (see, e.g., Supreme Court Decision 92Da2998, Aug. 18, 192).

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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