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1. The Defendant’s KRW 200,737,940 for the Plaintiff and KRW 5% per annum from December 10, 2016 to September 20, 2018.
Reasons
Facts of recognition
The net C, married with the deceased D (C. 1. 1. 1999), had the Plaintiff, E, F, net G (WA), H, and I delayed death.
The net C died on August 29, 2010.
At the time of August 29, 2010, 300,01,00 won (Account Number J, hereinafter referred to as “1 account”), 1,759,816 won (the account number: K; hereinafter referred to as “the account number”) were 2 accounts of each of the instant accounts, and as of March 17, 2012, 30,921,340 won and 946,775 won were remaining in the 1 account as of March 17, 2012.
[Based on the Plaintiff’s assertion that there is no dispute over the facts, Gap’s evidence Nos. 1, 2, 8, and 18, Eul’s evidence Nos. 1, 2, and 4 (including a branch number) and the ground for claim of the whole pleadings. Each of the accounts of this case is a borrowed-name account managed by the Plaintiff in the name of the network C, and the deposit claim of this case does not fall under the net C’s inherited property, or even if it falls under the inherited property, the deceased’s other inheritors confirmed that the balance of the deposit is the Plaintiff’s property. As such, the Defendant is obligated to pay to the Plaintiff the interest or delay compensation for the deposit amount of KRW 301,106,910 (i.e., the sum of the balance of the deposits of the first and second accounts (=300,160,750 won 2 account No. 946,160), and interest or delay damages
Preliminaryly, even if the entire balance of each account of this case is not recognized as the Plaintiff’s property, the Defendant is obligated to pay to the Plaintiff the amount of KRW 60,221,382 equivalent to 1/5 of the Plaintiff’s statutory share of inheritance out of the above deposit balance (i.e., KRW 1,2 account 301,106,910 x statutory share of inheritance 1/5) and damages for delay.
The primary argument that the deposit claim on each account of this case was reverted to the Plaintiff according to the confirmation of other inheritors even if it is inherited property, includes the argument that the part corresponding to the Plaintiff’s statutory share of inheritance is reverted to the Plaintiff.