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1. The defendant shall pay to the plaintiff KRW 39,240,440 and the interest rate of 12% per annum from August 21, 2020 to the day of full payment.
Reasons
1. Facts recognized;
A. 1) The deceased C (D birth, hereinafter “the deceased”) died on July 12, 2020, and his co-inheritors have the Plaintiff (E) who is the spouse and the non-party F (G birth) who is a lineal ascendant or descendant (the deceased did not have a child under his/her chain) (the deceased did not have a child) in relation to the deceased. 2) In relation to the deceased, the Plaintiff’s legal portion is 3/5, and Nonparty F’s legal portion is 2/5.
B. On the other hand, the deceased’s deposit details (the deceased’s inherited property) and the deceased entered into a contract with the Defendant to open a deposit account, etc. as of November 4, 2020, the number of accounts remaining at a high level is five and the total balance is KRW 65,501,645 in total.
The detailed deposit is as listed below (hereinafter collectively referred to as "each of the deposits in this case", and among them, it is set by the sequence at the time when an individual account is specified) 1 H B M&C account balance (won) 63,839,477 63,839,477 2 I savings deposit 879 879 314 K savings deposit 314 K savings deposit 314 K savings deposit 1,561,2581,561,2585 L/C M& M&C savings 100,000 65,501,64565,401,64645,645,6455
C. On July 24, 2020, the Plaintiff visited the Defendant’s U.S. financial center branch located N in the Gu and filed a claim for the payment of the amount corresponding to the Plaintiff’s share of the Plaintiff’s portion of each of the instant deposits. However, the Defendant rejected the claim on the ground that all the deceased’s co-inheritors should also file a claim for deposit payment.
On the other hand, the non-party F, a joint heir, asserted that all of the deceased's inherited property was owned by the principal and did not agree to jointly claim the payment of the above deposit.
2) On August 13, 2020, the Plaintiff filed the instant lawsuit against the Defendant seeking payment of the amount equivalent to the Plaintiff’s share of inheritance among each of the instant deposits in the court (the Plaintiff’s written lawsuit submitted). The details and balance of the deposit account held by the Deceased.