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(영문) 서울중앙지방법원 2017.05.16 2016가단5147739
예금
Text

1. As to the Plaintiff KRW 193,871,089 and KRW 50,000 among them, the Defendant shall start on July 6, 2016, and the remainder of KRW 143,871.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition (1) B opened and maintained each of the savings accounts (number C), the Defendant Bank on June 14, 1989, the deposit account (number C), the regular deposit account (number D), October 12, 2015, and the regular deposit account (number E), October 12, 2015, and the subscription deposit account (number F) on October 14, 2016, and died on August 10, 2016. The deposit balance of each of the above accounts as of August 10, 2016 is KRW 85,954,00,000, the regular deposit account (number C), and KRW 85,00,000,000, the total amount of KRW 15,000,000,000, and KRW 193,000,000,000, respectively.

(2) At the time of the death of B, the deceased’s spouse, lineal descendants, lineal ascendants, and brothers and sisters do not exist, and the Plaintiff, I, J, K, and L, the only sibling of the deceased, inherited the deceased’s spouse and their lineal descendants. Around May 201 and around August 2016, there was an agreement on division of inherited property that the deceased’s deposit claim against the Defendant bank should be owned solely by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, 29, and 30, each of the images of Gap evidence 31 to 36, the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff solely succeeded to the claim against the Defendant bank of the deceased. As to the Plaintiff’s total sum of KRW 193,871,089 and KRW 50,000,000 among them, the Defendant bank is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 6, 2016, which is the next day from September 13, 2016, to the remainder of KRW 143,871,089, which is the next day from September 22, 2016, which is the next day from September 22, 2016, the delivery day of the copy of the claim and the application for change of the cause of the claim, which is the next day from September 22, 2016 to May 16, 2017, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Conclusion, the plaintiff's claim is justified.

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