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1. The Defendant’s each of the Plaintiffs KRW 16,047,697 as well as 5% per annum from November 1, 2013 to August 25, 2016.
Reasons
1. Basic facts
A. The plaintiffs are children of the deceased F (hereinafter “the deceased”), who were born between the deceased and G, and the defendant is a person who remarrieds the deceased in the United States, and they are all the inheritors of the deceased.
B. The Deceased, around December 1987, the Defendant moved to the United States around February 1988, and the Deceased and the Defendant completed the marriage report at the New York viewing on May 12, 1994.
The Deceased and the Defendant returned to Korea on April 10, 2010, and the Deceased died on July 20, 2013.
C. The deceased had the U.S. nationality at the time of the death, and the death report prepared by the Department of State Affairs of the United States with respect to the deceased is indicated as “H, Whitone, NY 11357” in the address column of the deceased.
[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence (including a branch number if there is a serial number; hereinafter the same shall apply), Eul 1 and 2 evidence, the purport of the whole pleadings
2. At the time of the deceased’s death of the cause of the claim, the inherited property is KRW 350 million, KRW 239,518,736, aggregate of KRW 239,518,736, deposit claims in the deceased’s name, and KRW 589,518,736, and the above inherited property is reverted to the Defendant in excess of the Defendant’s share in inheritance. As such, the Defendant is obligated to pay to the Plaintiffs each share in inheritance (2/1) of the Plaintiffs pursuant to the Civil Act of the Republic of Korea (=589,518,736 x 2/11).
Preliminaryly, if the law applicable to the inheritance of the deceased is the New York State Act of the United States, the portion inherited by the plaintiffs shall be KRW 589,518,736, respectively. ① Inherited property: KRW 589,518,736 (= USD 239,518,736), ② USD 55,925,00 for the defendant who is the spouse: USD 50,000 for USD 55,925,00 ($ 50,000 x exchange rate of KRW 1118,518,518,736 - KRW 55,518,736 - KRW 55,96,968,868 for inheritance of the plaintiffs)
Although the plaintiffs are preliminary claims, they are different in respect of the same subject matter of lawsuit.