양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The deceased Party A’s father of the deposit claim against the Defendant A (the father) had approximately KRW 4,800,000 deposit claim (hereinafter “instant deposit claim”) against the Defendant around 2011. However, on November 7, 2011, the deceased Party A’s children including A succeeded to the instant deposit claim.
A et al., their successors, including A, were disputed through a trial on inheritance shares. On May 23, 2017, Seoul High Court (2016B9) decided that A's inheritance shares of the above deposit claims were 1,303/10,000, and an appeal was filed against the above decision, but the Supreme Court (2017S69) dismissed the appeal on October 12, 2017 and confirmed on the same day.
B. On June 30, 2016, the Defendant deposited the Defendant’s deposit for repayment with the inheritor including A, etc., designating the deceased’s inheritors as the depositee and designating KRW 5,005,328,656 (the amount of the instant deposit claim at the time of June 30, 2016 increased to KRW 5,005,328,656 as the depositee was added thereto, following the lapse of time) as to the instant deposit claim.
(Seoul Central District Court No. 15093, 2016). (c)
A’s assignment to the Plaintiff 1) On April 23, 2013, A claims for the return of deposit amounting to KRW 300,000,000 (hereinafter “instant claim for the return of deposit”) out of the inheritance shares or legal reserve owned by the inheritor of A among claims for the return of deposit under the status that the deceased B had against the Defendant.
3) The assignment of claims to the Plaintiff is based on the agreement to transfer the claims to the Plaintiff (hereinafter “transfer of claims”).
A) Along with the same day, the Defendant was notified of the assignment of the above claim on the same day. The assignment of the claim in this case set forth the claim against the Defendant in the net B as follows: Account Number Deposit Balance (won C 1,157,527, 244 D 2,030,081,042 E 1,720,000,000 total 4,907,608,286
1. Succession to Section 3 of Chapter 3 of the General Provisions of Part I of the Guidelines for Deposit Business.