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(영문) 수원지방법원 2017.05.18 2016가단528553
보관금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from June 30, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. C donates donated 150,000,000 won to Dong residents, on condition that the amount equivalent to the interest was paid by them until their death.

D The 20 million won was consumed by himself, and the remaining 130 million won was deposited in the financial institution under his own name, and had E, another intermediary, manage it, and have C pay the amount equivalent to the interest.

B. D’s death on May 8, 2009, the inheritor agreed that F, the husband of the above KRW 1.3 million, 3,000,000,000,000 to inherit each of the above KRW 25,000,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, the defendant received the above money from E which he managed the above KRW 130 million in the defendant's account.

C. The Defendant, as above, remitted to G and H KRW 130 million each of the remittances from KRW 25 million, but did not pay the said money to F and the Plaintiff.

The F died on February 21, 2015, and at the time of death, there are I except the Plaintiff, the Defendant, G, and H, who is the inheritor.

I is registered as born between F and D in the family relations register, but the fact is that F is born between F and the former wife.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, Eul evidence Nos. 4, 5, and 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant who kept the above KRW 1.3 million on behalf of D's inheritors is obligated to pay to the plaintiff KRW 25 million, which is the plaintiff's share in accordance with an agreement among the above inheritors, unless there are special circumstances.

The defendant asserts that since D's heir is I, the share to be distributed to the plaintiff is only 20 million won.

As seen earlier, I, as far as F, is a woman born between F and the former wife before marriage with D and only registered as D in the family relations register, I, regardless of what is entered in the family relations register, as long as the fact is recognized.

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