1. The following amount among the part against the plaintiff in the judgment of the court of first instance is equivalent to the amount ordered to be paid.

1. The Plaintiff’s assertion C (hereinafter “the deceased”) died on January 17, 2017.

The heir of the deceased has nine children, including the plaintiff and the defendant.

After the death of the deceased, the Defendant received KRW 40,30,000 as a donation, and disbursed KRW 24 million as funeral expenses of the deceased.

The 1,630,000 won out of the transferred money was left.

The defendant acquired the above KRW 16.3 million from all of the marrieds.

However, since the donation is acquired by the rights of co-inheritors according to their shares of inheritance, the defendant shall pay to the plaintiff the portion equivalent to the plaintiff's shares of inheritance out of the remaining donation

2. Where a person who determined the cause of a claim dies, a donation sent under the pretext of assistance or condolence money, etc. shall be brought up with mental suffering of the bereaved family and less the economic burden of the bereaved family in the spirit of mutual aid, and shall be donated for the purpose of contributing to the stabilization of the livelihood of the bereaved family. As to the remaining portion after being appropriated for funeral expenses, barring any special circumstance, the co-inheritors’s acquisition of rights in proportion to their respective shares of inheritance shall be in accordance with our ethical appraisal and empirical rules.

(Supreme Court Decision 92Da2998 Decided August 18, 1992). In this case, there is no dispute between the parties as to the part that the defendant received approximately KRW 40,30,00 as a donation and the part that there remains KRW 16,30,00 among the funeral expenses of the deceased except for the funeral expenses of the deceased. As such, the defendant's claim against the plaintiff within the scope of KRW 1,630,000,000 and KRW 1,811,111, which is the plaintiff's inheritance shares (in addition, KRW 1,630,000,000, KRW 181,000 and KRW 1.811,00,000 following the delivery of the copy of the complaint of this case from July 29, 2017 to the date of the decision of the court of considerable trial as to the existence and scope of the defendant's obligation to perform, as to the promotion of litigation, etc.