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1. The Defendant’s KRW 68,266,290 as well as 5% per annum from September 26, 2014 to February 10, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 16, 2013, Nonparty B deposited KRW 100,000,000 in each of the said three accounts with the maturity of KRW 30,850,864 in each of the three accounts (number C, D, E) with the maturity of August 16, 2014, respectively, and with the payment at maturity of KRW 10,283,621 in each of the said three accounts.
B. The maturity of each of the above accounts has already arrived, and where the maturity is due, the amount to be paid by the above B is KRW 102,836,213 in total, including the principal amount of KRW 100,000,000 and interest of KRW 2,836,213 in total, and the amount to be paid by the Defendant to the above B when income tax is deducted from the interest income tax is total of KRW 102,39,436 in total.
C. However, the above B died on October 14, 2013, and his heir is the Plaintiff, Nonparty G, and H, who are their children in the above B.
On September 1, 2014, the above G transferred the share amount out of his deposit claims to the Plaintiff, and at that time notified the Defendant thereof.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, following the death of the Plaintiff, Nonparty G, and H inherited each one-third of the deposited claims of the Plaintiff, Nonparty G, and H, and the said inheritor’s deposit claims against the Defendant are KRW 34,133,145, respectively.
However, as seen earlier, Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Act”) provides that “The Defendant has a duty to perform its obligations against the Plaintiff from September 26, 2014, until a fact-finding judgment declaring that the Defendant has a duty to perform its obligations against the obligor is rendered” as to the existence and scope of the obligor’s duty to perform its obligations, as sought by the Plaintiff, since September 26, 2014, on the following day after the delivery date of the duplicate of the instant complaint, as sought by the Plaintiff.