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(영문) 대구지방법원김천지원 2017.11.16 2017가단30893

예금

Text

1. Defendant Kimcheon Agricultural Cooperatives: KRW 753,265 to the Plaintiff; and Defendant Nonghyup Bank Co., Ltd. to the Plaintiff on 675.

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) died on October 1, 2012, and his spouse C and the parents of the deceased died earlier than the deceased. The deceased did not have a child.

The deceased's sibling has the plaintiff, the network D, and the network E, and the deceased's heir is F, G, H, I, and J, and the deceased's heir is K, L, M, N, N, andO.

B. The Deceased had a deposit claim against the Defendants. The amount of deposit claim against Defendant Kimcheon Agricultural Cooperatives (hereinafter “Defendant Kimcheon Agricultural Cooperatives”) is KRW 163,185,820 as of March 31, 2017, and the amount of deposit claim against Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”) is KRW 167,871,040 as of April 19, 2017.

C. On March 2, 2017, the Plaintiff filed the instant lawsuit and the instant B.

After confirming the amount of the deposit claim as stated in the claim, on May 22, 2017, the purport of the claim and the cause of the claim were modified, and on May 22, 2017, the application for change of the purport of the claim and the cause of the claim reached the Defendants on May 24, 2017.

On August 28, 2017, Defendant Kimcheon deposited KRW 163,501,218 of the deceased’s deposit on the ground that the deceased’s heir refused to receive, and among them, the deposit amount to the Plaintiff was KRW 54,50,410.

On August 7, 2017, Defendant Nonghyup Bank deposited KRW 167,913,107 of the deceased’s deposit on the ground that the deceased’s heir refused to receive it, and among which, the deposit amount to the Plaintiff was KRW 55,971,036.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. On May 22, 2017, the Plaintiff filed a claim for KRW 54,395,273 upon filing an application for amendment of the purport of the claim with respect to Defendant Kimcheon Agricultural Co., Ltd., and Defendant Kimcheon Agricultural Co., Ltd paid KRW 54,50,410 on August 28, 2017.

Therefore, Defendant Kimcheon-han calculated the Plaintiff at the rate of 15% per annum from May 23, 2017 to August 28, 2017.