beta
Text
1. The defendant shall be the plaintiff.
(a) KRW 10,000,000, as well as 1.520% per annum from August 22, 2017 to May 3, 2018; and
Reasons
1. Basic facts
A. On August 22, 2017, E entered into a regular deposit agreement with the Defendant and deposited KRW 40,000,000.
(1.520% per annum on August 22, 2018). (b) The interest rate shall be 1.520% per annum.
E entered into a contract with the defendant on May 17, 2001 (0.05% per annum) and the balance as of March 26, 2018 of the above deposit is 5,061,940 won.
C. On March 17, 2018, E died, and the heir is the Plaintiff, F, G, and Contributor H, who is a child, the son, and the son H, who is the son of E.
I died without his spouse on February 22, 1998 and became an inheritor in lieu of I.
this subsection.
[Grounds for recognition] Gap 1 to 4, 6, the purport of the whole pleadings
2. Determination on the cause of the claim
A. In a case where a claim, such as a monetary claim, is jointly inherited, the content of the performance, as in the relevant legal doctrine, is naturally divided into and reverted to co-inheritors according to the statutory share of inheritance at the time of commencing the inheritance. Therefore, it cannot be the subject of division of inherited
(Supreme Court Order 2014SS122 Dated May 4, 2016). (b)
The plaintiff jointly inherited the property of E with F, G, and H, and the share of inheritance is 1/4 in accordance with Article 1009 and Article 1010 of the Civil Code.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,00,000 among the ordinary deposits for welfare (=40,000,000 x 1/4) and the interest rate of KRW 1.520 per annum from August 22, 2017 to May 3, 2018, which is the delivery date of a copy of the complaint of this case from August 2, 2017, and the interest rate of KRW 1.520 per annum from the next day to the day of full payment. ② The Defendant is obligated to pay the interest rate of KRW 1,265,485 from the self-reliance deposit (= KRW 5,061,940 x 1/40) and the interest rate of KRW 0.05 per annum from March 27, 2018 to May 3, 2018, which is the delivery date of a copy of the complaint of this case.
C. The rejected portion of the Plaintiff also claims against the Defendant the deposit corresponding to F and G’s share of inheritance.
The plaintiff.