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(영문) 대구지방법원 2016.10.07 2016가합695
상속예금반환
Text

1. The defendant

A. From March 10, 2016, Plaintiff A 291,924,050 won and its related thereto:

B. Plaintiff B: KRW 97,308,016.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on May 2, 2014, and his/her siblings succeeded to the deceased’s property D, Plaintiff A, Plaintiff B, E, and F.

Account Number Deposit 71,520,083 H Time Deposit 200,000,000 I Time Deposit 200,000,000 J Time Deposit 15,000,000 K Housing Subscription 20,000 K Housing Subscription 20,000

B. At the time of death, the Deceased held KRW 486,540,083, such as time deposit, in the Defendant bank, and detailed details are as follows.

C. E and F delegated the Plaintiff the right to receive the part corresponding to their respective inheritance shares among the above deposits.

After the death of the deceased, the Plaintiffs claimed the payment of each of the above towing and installment savings at the Defendant bank, but the Defendant bank rejected payment on the ground that D among co-inheritors filed a civil petition.

[Ground of recognition] The items of Gap's evidence 1 to 5, Gap's evidence 9 and 10-1, 2, and Gap's evidence 6 to 8-3, and the purport of the whole pleadings

2. According to the facts of the above recognition, the claim for return of deposits and installment savings to the defendant bank of the deceased, who is a pro rata claim, was inherited in equal shares by 1/5 each of the plaintiffs, co-inheritors, D, E, and F at the time of the commencement of the inheritance as the deceased died.

As the plaintiff A was delegated with the authority to receive deposits corresponding to his share of inheritance from E and F, the defendant bank should pay to the plaintiff A the amount equivalent to 3/5 shares and 1/5 shares of the above towing and installment savings.

Meanwhile, the plaintiffs seek for the payment of statutory delay damages calculated from May 3, 2014, which is the day following the deceased's death. Thus, the plaintiffs did not assert and prove the time when they demanded the defendant bank to pay the above towing and installment savings. In addition, the agreed interest rate and the overdue interest rate until the maturity of the above towing and installment savings shall be naturally added as stipulated in the above towing and installment savings contract. Thus, the statutory delay damages shall be paid.

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