(영문) 서울중앙지방법원 2014.12.05 2013가합77923

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(영문) 서울중앙지방법원 2014.12.05 2013가합77923

예금채권반환

Text

1. The Defendant shall pay to the Plaintiff KRW 114,358,880 and the interest rate of KRW 20% per annum from November 23, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The network A (hereinafter “the network”) reported the transaction seal and password with the Defendant, and entered into three time deposit contracts (hereinafter “the instant time deposit contract”) with each of the Defendant, including account number C, D, E, and hereinafter “the instant contract”).

B. The Deceased died on December 18, 2007.

After that, on January 6, 2009, F, the fifth degree of the deceased, filed a claim for the appointment of an executor with the Seoul Family Court on the basis of the testamentary book in the name of the deceased (hereinafter “instant testament”). On February 6, 2013, the Seoul Family Court appointed the Plaintiff as the executor of the deceased’s will under the name of the deceased on the condition that “the deceased’s property shall be inherited to F.”

C. On April 6, 2009 and next day, G requested termination and payment of the instant term deposit contract by submitting to the Defendant the family relation certificate of the deceased whose family relation was altered as if he was the only child of the deceased, and a certified copy of his own removal, etc., even though he was not a child or heir of the deceased, G actually paid to G the deposit balance of KRW 114,358,880 (hereinafter “instant deposit”).

The main provisions related to the change of name by inheritance in the defendant's deposit business guidelines shall be as follows:

Article 61 (Change of Name by Inheritance) of the Deposit Business Guidelines (1) of the Deposit Business Guidelines (Written Report, Notice, Social well-known Persons, and an inheritor of the Korea Federation of Banks, etc.) shall suspend the payment of the relevant deposit and deal with the following facts:

1. In the case of inheritance of property due to the death of deposit certificates, all the property shall be succeeded to by the heir;

2. The payment of a deposit after becoming aware of the death of the depositor shall not be a reason for exemption;

3. Payment made by the head of a Tong/certificate prior to acknowledgement of the death of the depositor and a written request for payment with the transaction seal or signature.

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