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(영문) 광주지방법원 2017.07.28 2017가단511414

예금반환청구

Text

1. The Defendant: 14,932,386 won to Plaintiff A; 9,954,924 won to Plaintiff B; and 9,954,924 won to Plaintiff C’s administrator; and

Reasons

1. Facts of recognition;

A. Nonparty E died on August 4, 2015, and had a deposit claim against the Defendant, which led to KRW 44,797,159 as of April 28, 2017.

B. Following the death of Nonparty E, Plaintiff A, a spouse of E, succeeded to the Plaintiff B, C, and D’s share of 3/9, and the Plaintiff B, C, and D, a child of E, inherited E’s share of 2/9.

C. The Plaintiff C is an absentee. On April 11, 2017, the Seoul Family Court appointed “D” as an absentee’s custodian under the Act No. 4818, supra.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff who is the deceased E's property heir of the network, KRW 14,932,386 (= KRW 44,797,159 x KRW 3/9 x less than won; hereinafter the same shall apply), KRW 9,954,924 to the plaintiff who is the deceased's property heir of the network E (= KRW 44,797,159 x 2/99), KRW 9,924 to the plaintiff who is the deceased's property heir of the network E (= KRW 44,797,159 x 2/99 x 2/9), KRW 9,954,924 (= KRW 44,797,159 x 2/9) and damages for delay calculated at the rate of 150% from the next day of service of a copy of the complaint to the plaintiff who is the deceased's property heir of the network E by the plaintiffs.

3. In conclusion, the plaintiffs' claims of this case are justified, and all of them are accepted. It is so decided as per Disposition.

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