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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The defendant is the husband of the deceased C (hereinafter referred to as "the deceased"), and the plaintiff is the husband of D who is a woman of the deceased.
B. As the Deceased died on January 27, 2018, the Defendant, while holding the funeral procedures for the Deceased, delegated the management of the body money and the funeral expenses to the relatives of the Deceased, including the Plaintiff.
C. On January 27, 2018, the Plaintiff: (a) entrusted F with the funeral funeral service on January 29, 2018 by entrusting F with the funeral service of the Deceased; and (b) paid KRW 2.59 million unpaid funeral service costs to F upon F’s request for reimbursement on August 6, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Determination
A. Determination 1 on the cause of a claim is effective when one of the parties has entrusted the other party with the management of affairs and the other party has consented thereto. When a mandatary has disbursed necessary expenses with respect to the management of entrusted affairs, he/she may claim interest from the mandator after the date of disbursement (Articles 680 and 688(1) of the Civil Act). In accordance with Article 688(1) of the Civil Act, the necessary expenses for which the mandatary may claim reimbursement from the mandator are deemed necessary with due care of a good manager, regardless of whether the expenses paid by the mandatary are beneficially beneficially beneficially beneficial to the mandator, or whether the mandator has achieved the purpose of filing a lawsuit (see, e.g., Supreme Court Decisions 2004Da69420, Jan. 26, 2006; 2011Da105621, Nov. 28, 2013). In full view of the purport of the arguments acknowledged earlier, the Plaintiff, a husband of the deceased, was entrusted with the funeral procedure of the deceased, within the scope of the deceased’s funeral.