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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased B (hereinafter “the deceased”) died on May 2001, and at that time, the deceased was an individually insured person under the National Pension Act.
B. On July 18, 2001, the Defendant decided to pay the Plaintiff, who is the deceased’s spouse, the survivors’ pension under the National Pension Act. On July 31, 2001, the Defendant did not pay to the Plaintiff a fractional amount of less than 10 won (sums) in accordance with Article 117 of the National Pension Act and Article 47(1) of the Management of the National Funds Act, etc.
Since the payment of the survivor pension, the survivor pension was paid every month.
C. According to the record of the payment of the survivors’ pension against the Plaintiff, around 2001, the amount of the survivors’ pension paid by the Defendant to the Plaintiff is KRW 55,90 per month, and the amount of the survivors’ pension paid to the Plaintiff each year after adjustment of the amount of the survivors’ pension according to Article 51(1) of the National Pension Act, etc. is KRW 88,580 per month. In particular, the Defendant paid the total amount of the monthly survivors’ pension calculated from July 2001 to July 201 through the aforementioned adjustment procedure to the Plaintiff each month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. The plaintiff's assertion
A. At the time of death, the Deceased’s assertion on the primary claim was derived from KRW 3 million to KRW 3,300,000 per month. On the basis of such monthly income, the Plaintiff shall receive the survivors’ pension in the year 2001, and KRW 7,10,00 per month in the year 208.
Nevertheless, the Plaintiff received only the survivor pension of KRW 55,90 per month in 2001 and only KRW 88,580 per month in 2018. Thus, the Defendant calculated the Plaintiff at the rate of KRW 125,310,000 per annum from the day following the delivery date of a copy of the complaint in this case to the day of full payment.