beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
The plaintiff's assertion C died on April 27, 2015, with the plaintiff's mother, as the plaintiff's mother.
The Defendant, a wife of the deceased (Second, the wife of the deceased) was kept in custody.
A total of KRW 1,550,000 paid by the plaintiff's literaryist on behalf of the plaintiff was 1,550,000, which was not yet returned from the defendant.
Therefore, the defendant is obligated to pay the unclaimed amount and damages for delay to the plaintiff.
Judgment
In the case of death of a person, the donation sent under the pretext of assistance or condolence money shall be brought up with the mental suffering of the bereaved family and reduced the economic burden of the bereaved family members following funerals, and shall be donated for the purpose of contributing to the stabilization of the livelihood of the bereaved family members. Barring any special circumstance, the co-inheritors of the deceased person who has been appropriated for funeral expenses shall acquire the right in proportion to their respective shares of inheritance (see, e.g., Supreme Court Decision 92Da2998, Aug. 18, 1992). However, the original defendant shall be deemed to have paid the donation for the name of his heir, and the fact that the defendant, who is keeping the donation, has decided to return the donation without any dispute between the parties concerned (the funeral expenses are deemed to have been disbursed separately from the deceased’s property). Unlike the above legal principles, the principal subject to whom the donation was reverted shall be a specific heir according to the agreement of the parties concerned.
Furthermore, according to the purport of Gap evidence Nos. 1 and 2 as a whole and the arguments, it can be acknowledged that the amount of the division paid by the plaintiff's literature et al. on behalf of the plaintiff was 1,550,000, and the plaintiff was returned KRW 710,000 among them, and the defendant is under special circumstances.