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(영문) 창원지방법원거창지원 2019.04.23 2019가단208

예금 및 출자금 반환 등

Text

1. The defendant shall pay to the plaintiff A KRW 9,070,332, the plaintiff B, C, D, and E respectively 6,046,888 won.

2. The costs of lawsuit shall be.

Reasons

1. Indication of claim;

A. The Plaintiffs and Nonparty G are co-inheritorss of the deceased H (the deceased on January 30, 2018, hereinafter “the deceased”) and Plaintiff A’s wife, and the rest of the Plaintiffs and G are the deceased.

B. At the time of the death of the deceased, the deceased had the claim for return of KRW 39,304,775 (=37,177,050 + 2,127,720 + 37,1750 + 2,127,720) in total, but upon the death of the deceased, the deceased jointly succeeded to the above claim in proportion to each of the respective shares of inheritance (3/13 in inheritance of Plaintiff A and 2/13 in inheritance of the remaining plaintiffs).

C. That is, the plaintiffs seek against the defendant the payment of KRW 9,070,332 (=39,304,775 won x 3/13 x less than Won hereinafter the same shall apply) and the rest of the plaintiffs are 6,046,88 won (=39,304,75 won x 2/13) respectively, due to the return of the deposits and investments of the deceased corresponding to their respective shares of inheritance.

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);