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1. The defendant shall pay 271,010 won to each of the plaintiffs and 12% per annum from November 28, 2019 to the day of complete payment.
Reasons
Basic Facts
As of October 22, 2019, the principal of a type of account deposit (as of October 2, 2019) KRW 50,000,000 deposit account G 50,000 savings deposit account G 30,546 KRW 191,546 2040, J. 230,091,576 Plaintiff’s father, father of the Plaintiff (hereinafter “the deceased”) died on July 18, 2019. At around the time of death, the deceased owned each of the following deposits against the Defendant (hereinafter “instant deposit account”).
As the inheritor of the deceased, there are plaintiffs and K, who are children of the deceased, and the legal share of inheritance of the above plaintiffs and K is 1/5, respectively.
On November 4, 2019, the Plaintiffs filed the instant lawsuit seeking the payment of the instant deposit claim (amounting to 66,018,315 won by Plaintiff) that the Plaintiffs succeeded against the Defendant, and the instant warden was served on November 13, 2019 on the Defendant.
On November 27, 2019, the Defendant deposited the deposited amount of KRW 33,39,316 ( KRW 66,679,863 for each Plaintiff’s deposit) with the purport that the deposited person’s heir, the Plaintiffs, K, and the relevant provision of the Act and subordinate statutes, as Seoul Southern District Court No. 2019, Nov. 27, 2019, refused to receive the deposited amount by stating that the deposited person’s refusal to notify the account number to the effect that the deposited person’s refusal to receive it constitutes a case in which the creditor is not able to receive repayment or is unable to receive repayment. The Plaintiffs reserved objection and paid the total amount of the deposited amount.
[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 9, Eul's evidence Nos. 1 and 2, and judgment deposit claims as to the cause of claim as to the overall purport of pleadings, are divided and succeeded to the co-inheritors according to their statutory shares at the time of commencement of inheritance. According to the above facts of recognition, the deposit claims of this case were divided and succeeded to the plaintiffs and K, who are co-inheritors at the time of commencement of inheritance upon the death of the deceased.
The statutory share of inheritance by each plaintiff is one-fifth, respectively.