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(영문) 수원지방법원안산지원 2017.07.07 2016가단22301

예금반환금

Text

1. The defendant is subject to 18,181,818 won to the Appointor B, 27,272,728 won, to the Appointor C, and the Appointor D, respectively.

Reasons

1. Facts of recognition;

A. Nonparty E entered into a deposit contract with the Defendant, and deposited KRW 100,000,000.

B. On May 11, 2016, the Nonparty died, and the Nonparty B is the Nonparty’s spouse, and the Nonparty’s child is the Nonparty’s Plaintiff (Appointed Party), the appointed party C, the appointed party D and Nonparty F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the portion of the inheritance in B by the selector for the inherited property of the non-party is recognized to be 2/11, the portion of inheritance in B by the plaintiff (Appointed Party), the selector C, and the selector D shall be 27,272,728 won (i.e., 10,00,000 x 3/11, 3/11) and the defendant is liable to pay damages for delay calculated annually from August 24, 2016 to the Appointor B, the day following the delivery of a copy of the complaint of this case to the day of full payment, barring special circumstances.

3. If so, the plaintiff (appointed party)'s claim is reasonable, and thus, it shall be accepted, and the costs of lawsuit shall be borne by the defendant pursuant to Article 98 of the Civil Procedure Act.