logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.11 2016가합545847
예금반환청구의 소
Text

1. The Defendant’s KRW 42,695,00 for the Plaintiff and KRW 5% per annum from August 12, 2016 to May 11, 2017.

Reasons

1. Basic facts

A. The deceased’s inheritance-related net B (hereinafter “the deceased”) died on February 6, 2012. At the time of death, the deceased’s heir had C, children, D, and E, who were the deceased’s spouse.

B. 1) The Deceased opened a savings account (Account Number F) through the Defendant before the Deceased’s death, and on February 6, 2012, the remainder of the deposit account at the time of the Deceased’s death was KRW 514,112 (hereinafter “the foregoing deposit account opened”) and the deposit claim that the Deceased acquired against the Defendant was “the instant deposit claim.”

(2) 2) The Deceased purchased the beneficiary certificates (hereinafter referred to as “beneficiary certificates 1”) of the “JPS Infrastructure Securities Investment Trust” (hereinafter referred to as “No. 1 Investment Trust”) established by the APS Korea Ltd., through the Defendant, the selling company (Account G (Account Number G (Fund Code: 11564-01)), and the deceased’s death on February 6, 2012, the assessment amount based on the base price of the first beneficiary certificates owned by the Deceased was KRW 763,200,317.

The first investment trust was completely terminated in accordance with the proviso of Article 192(1) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) on April 2, 2015 and Article 223(3) and (4) of the Enforcement Decree of the said Act. Accordingly, KRW 955,158,78 upon termination of the investment trust was deposited into the deceased’s account on the same day.

3) On October 29, 2007, the Deceased’s Investment Trust or Securities Investment Trust (hereinafter “Secondary Investment Trust”) established by the Deelty Asset Management Company around October 29, 2007.

Category C5 Beneficiary Certificates 2,065,290,965 old Units (hereinafter referred to as “second Beneficiary Certificates”)

(C) The Plaintiff purchased via the Defendant, the selling company, [Account Number G (Fund Code: 11612-01)], and the assessed amount based on the standard price of the second beneficiary certificate owned by the Deceased as of February 6, 2012, when the Deceased died, was KRW 1,693,823,443. C. 1) On April 2, 2015, the Plaintiff against the Defendant on April 2, 2015.

arrow