beta
Text
1. The Defendant shall pay to the Plaintiff A KRW 59,819,472, KRW 39,879,647, and its payment from July 28, 2018.
Reasons
1. Facts of recognition;
A. The deceased C (hereinafter “the deceased”) died on May 23, 2018, and around the time of death, the Defendant owned the deposit claim as indicated below.
D E E FG
B. The heir of the deceased is the husband of the plaintiff A and the plaintiff B, who is the husband of the deceased, and his father of the deceased who died before his husband, who is his husband, and his husband of H.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. Determination
A. A. A claim, such as a claim claim based on a judgment on the cause of the claim, is divided and succeeded to by the co-inheritors at the time of commencing the inheritance and at the same time according to the statutory share of inheritance. According to the above recognition, the claim against the defendant of the deceased was divided and succeeded at the time of commencing the inheritance and at the same time to the plaintiffs, co-inheritors, who are co-inheritors, according to their statutory share of inheritance. The
D EF G AB, the Defendant is obligated to pay Plaintiff A 59,819,472 won, Plaintiff B 39,879,647 won, and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 28, 2018 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint.
B. The defendant's assertion is asserted to the effect that according to the defendant's internal rules, the exercise of inherited deposit claims can, in principle, be limited to the submission of a joint agreement on the security of damages jointly signed by all inheritors. Thus, the defendant cannot respond to the plaintiffs' claim for deposit payment.
However, the deposit claims in the name of the inheritee naturally belong to the co-inheritors according to the statutory share of inheritance due to the death of the inheritee, and the reasons asserted by the Defendant are merely the work guidelines and the process of the defendant's internal affairs and can prevent the plaintiffs from exercising their right to claim