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1. The defendant shall pay 16,932,180 won to each of the plaintiffs and 15% per annum from March 15, 2016 to the day of complete payment.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:
The deceased F (hereinafter referred to as “the deceased”) died on October 1, 2015, and the deceased’s heir is G and his/her married Plaintiffs, and G and the Plaintiffs’ inheritance shares are 1/6, respectively.
B. At the time of death, the Deceased had the deposit claim of KRW 51,160,759 against the Defendant and the amount of KRW 50,432,321.
C. After the death of the deceased, the plaintiffs filed a claim against the defendant for the return of the investment refund and deposit corresponding to the plaintiffs' shares in inheritance, but the defendant may accept the claim only when there is a representative selected by all co-inheritors.
Accordingly, the Plaintiffs filed the instant lawsuit against the Defendant seeking the return of their contributions and deposits, and the duplicate of the complaint was served on March 14, 2016 on the Defendant.
2. According to the determination as to the cause of the claim, the deceased withdrawn from the Defendant Partnership on October 1, 2015 due to the death, and the deposit contract concluded between the deceased and the Defendant was concluded between the deceased and the Defendant, at the latest, lawfully terminated between the Plaintiffs and the Defendant on March 14, 2016, a copy of the complaint of this case, stating that the Plaintiffs, the heir of the deceased, expressed their intent to return the deposit equivalent to their inherited portion against the Defendant.
Therefore, barring special circumstances, the defendant is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 15, 2016 to the date of delivery of a copy of the complaint of this case to the date of complete payment as claimed by the plaintiffs, who are the inheritor of the deceased, for each deposit and investment of 16,932,180 won (=(=(51,160,759 won) 50,432,321 won) ±6) and as claimed by the plaintiffs.
3. The defendant's decision on the defense is based on the defendant's business regulations.