예금 및 출자금 반환 등 청구의 소
1. The defendant shall pay 12,691,911 won to each of the plaintiffs and 15% per annum from April 20, 2017 to the day of complete payment.
1. Facts of recognition;
A. The deceased D (hereinafter “the deceased”) died on December 12, 2016. As its inheritor, E and the Plaintiffs are siblings, and E and the Plaintiffs’ inheritance shares are 1/4, respectively.
B. At the time of death, the Deceased had the deposit claim of KRW 47,692,075 against the Defendant and the investment amount of KRW 3,075,569.
C. After the death of the Deceased, the Plaintiffs filed a claim against the Defendant for the return of the Plaintiff’s contribution refund and deposit corresponding to the Plaintiffs’ inheritance shares, but the Defendant rejected the claim on the ground that all the inheritors jointly make a claim.
Accordingly, the Plaintiffs filed the instant lawsuit against the Defendant seeking the return of their contributions and deposits, and the duplicate of the complaint was served on the Defendant on April 19, 2017.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 8 (including each number in the case with a provisional number) and the purport of the whole pleadings
2. According to the determination as to the cause of the claim, the deceased retired from the Defendant Partnership on December 12, 2016 due to the death, and the deposit contract concluded between the deceased and the Defendant was concluded between the deceased and the Defendant, at the latest, lawfully terminated between the Plaintiffs and the Defendant on April 19, 2017, a copy of the complaint of this case, stating that the Plaintiffs, the heir of the deceased, expressed their intent to recover the deposit equivalent to their shares in inheritance against the Defendant.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiffs, their inheritors of the deceased, 12,691,911 won [=(47,692,075 won 3,075,569 won) ± 4] and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 20, 2017 to the date of complete payment, as claimed by the Plaintiffs, from April 20 to the date of delivery of a copy of the complaint of this case.
3. The decision is based on the reasoning of the plaintiffs' claim.