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(영문) 서울중앙지방법원 2018.03.15 2016가단5252020
손해배상(기)
Text

1. The Defendant’s KRW 66,807,488 as well as the Plaintiff’s KRW 5% per annum from August 30, 2017 to March 15, 2018.

Reasons

1. The Plaintiff and the Defendant’s primary facts between South Korea and South Korea, and the fact that he/she is the co-inheritors of the network D (Death on January 4, 2016, hereinafter “the deceased”) with his/her father C, does not conflict between the parties.

2. Judgment on the main claim

A. On April 23, 2012, the deceased subscribed 75 million won in the name of the deceased to a post office term deposit account (the account number E) on July 5, 2012. On the same day, the deceased transferred KRW 5 million from the post office deposit account of the deceased to the post office account (F) account in the name of the Defendant, and combined with KRW 75 million that was terminated as above, the deceased subscribed to a post office term deposit (G) in the name of the Defendant.

② On February 14, 2012, the Deceased subscribed to a post office term deposit (H) of KRW 30 million in the name of the Deceased on February 14, 2012, and re-deposited to the term deposit (I) with KRW 30 million in the name of the Defendant on February 14, 2013.

On February 17, 2014, the Deceased re-deposited KRW 30,840,040,000 as the post office deposit deposit (J) in the name of the Defendant.

③ On July 14, 2014, the Deceased terminated the term deposit amounting to KRW 80,00,000 and KRW 30,840,040 under the foregoing paragraph, and received KRW 116,789,310 including interest, and then deposited KRW 60,00,000 in the post office deposit (K) in the name of the Defendant, and remitted KRW 50,000 to the bank account in the name of the Defendant (L, opening on November 12, 2013), and the remaining KRW 6,789,310 to the account of the Deceased’s Han Bank (M).

④ On July 14, 2014, the Deceased deposited KRW 40 million out of KRW 50 million in the name of the Defendant’s bank account (Account Number N) in the name of the Defendant, and deposited the remainder of KRW 10 million in the name of the Deceased by dividing it into the bank subscription deposit in the name of the Deceased.

On September 15, 2015, the term deposit amounting to KRW 40 million was re-deposited with the term deposit (P, maturity September 15, 2018) under the Defendant’s name. On November 7, 2016, the Defendant terminated, withdraws KRW 41,373,980, including the interest, and then terminated, withdraws the term deposit amounting to KRW 60 million.

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