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(영문) 서울중앙지방법원 2017.12.14 2017가단5109468
구상금
Text

1. Defendant A, G, and H shall be KRW 4,400,000, respectively, within the scope of the property inherited from the deceased I to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an electronic financial transaction liability insurance contract with the KFF Bank (hereinafter “National Bank”).

B. On April 25, 2013, the J concluded a deposit contract with a national bank and opened a deposit account, and around 04:19 on April 25, 2013, the deposit was withdrawn and transferred as follows pursuant to the “mination” method in the account of the national bank of J:

Serial Transfer Account Number Transfer (won) 1 IF Bank K4,400,000 No. 4,400,000 NA 4,400,000 NA 2,200,000 No. 2 B No. 8,800,000 NA No. 4,400,000 NA 8,8000,000 3 C C C CP P 4,400,500 citizen Q 1,500,000 Da 5,900,000 4,400,000 D community credit cooperatives R4,400,000 NA4,400,000 PA4,400,500 NAF 13,400,000 NAF 6,400,000

C. On October 14, 2013, J claimed compensation of KRW 41,100,000,000, total amount transferred to the National Bank. On October 14, 2013, the Plaintiff paid KRW 41,100,000 to J as an insurer of the National Bank.

A police officer who has investigated this case, presented his opinion that I and the defendant B, C, D, E, and F would have provided the passbook and card in return for the same price to the person under whose name the account holder is the same as that of the person under whose name the account holder in general.

E. The I died on August 15, 2014, and his heir is Defendant A, G, and H, a child.

The Defendants received the declaration of qualified acceptance regarding the inheritance of property from the Suwon District Court as of October 6, 2014, and as of October 6, 2014, the first Defendants received the declaration of qualified acceptance.

[Ground of recognition] As to Defendant B: The judgment by service of publication (Article 208(3)3 of the Civil Procedure Act) against Defendant C, D, and E (Article 208(3)2 of the Civil Procedure Act)

2. Determination

A. The Defendants’ liability is the case.

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