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1. The Defendant shall pay to the Plaintiff KRW 57,189,184 and the interest rate of KRW 15% per annum from December 5, 2015 to the date of complete payment.
Reasons
1. Fact-finding;
A. On November 2015, the deceased B entered into a deposit agreement with the Defendant and paid the Defendant the deposit amount of KRW 13,441,430,00 in total, KRW 135,435,00 in a regular deposit deposit of KRW 25,00,00 in KRW 25,000 in a regular deposit of KRW 25,00,000 in a fixed deposit of KRW 25,000 in a fixed deposit of KRW 25,000 in a fixed deposit of KRW 25,00,000 in a fixed deposit of KRW 1,00,000 in a fixed deposit of KRW 1,065,535.
6.The basic balance of the deposit shall be as follows:
B. On September 15, 2015, the deceased on September 15, 2015, the deceased Plaintiff (3/7 shares in inheritance) and his/her spouse, J and K (2/7 shares in inheritance) inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, Gap evidence No. 6-1, 2, and 3, the purport of the whole pleadings
2. A claim for provisional claims, such as deposit claims of the inheritee, is naturally divided and reverted to co-inheritors at the time of commencing the inheritance at the same time according to their statutory shares in inheritance, so there is no room to be subject to division of inherited property, and therefore, an inheritor is allowed to make a claim for return independently
(See Supreme Court Decision 97Da8809 Decided June 24, 1997). According to the above facts, the defendant is obligated to pay to the plaintiff the amount of the deposit, calculated by applying the rate of 15% per annum from December 5, 2015 to the day of full payment, to the day of the plaintiff's statutory inheritance (=133,441,430 won x 3/7, and less than won) and the delay damages calculated by applying the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the balance of deposit to the day of full payment.