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(영문) 대전지방법원 서산지원 2018.12.19 2018가단54953
예금
Text

1. Defendant High Agricultural Cooperatives pay each of the Plaintiffs KRW 20,454,037.

2. Defendant.

Reasons

1. Facts of recognition;

A. D A. On May 29, 2018, upon the death of the wife E (3/13 shares in inheritance), the Plaintiffs, F, and G (2/13 shares in inheritance, respectively) succeeded to the property.

B. The network D has a claim on the deposit amounting to KRW 132,951,244 against Defendant High Agricultural Cooperative (hereinafter “Defendant High Agricultural Cooperative”) and a claim on the deposit amounting to KRW 10,000,000 against Defendant High Agricultural Cooperative (hereinafter “Defendant High Agricultural Cooperative”).

[Ground of Recognition] In the absence of dispute as to Defendant M&C: as to Defendant M&C, each entry in Gap evidence No. 2 and No. 8

2. In the case of a group of claims, such as monetary bonds, in which the content of payment is jointly inherited, the inheritance commences and the claim is naturally divided and reverted to co-inheritors according to the statutory shares in inheritance (see Supreme Court Decision 97Da8809, Jun. 24, 1997). In light of the above precedents, the claim against the Defendants of the network D’s deposit belongs to the Plaintiffs by dividing it into the legal shares in inheritance, and thus, the claim against the Defendants is reverted to the Plaintiffs. Thus, Defendant Jindo has the obligation to pay the Plaintiffs the deposit amount of KRW 20,454,037, respectively (= KRW 132,951,244 x 2/13 x 2/13 x below). Defendant Jindo Korea has the obligation to pay to the Plaintiffs each amount of KRW 1,538,461 (=10,000,00 x less than KRW 2/13 x less than won).

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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