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(영문) 대구지방법원서부지원 2015.11.24 2015가단36062
예금
Text

1. The Defendant: 7,689,440 won to Plaintiff A, Plaintiff B, C, D, E, and F, respectively, KRW 5,126,290, Plaintiff G, and H 1,139,170.

Reasons

Determination I on the cause of the claim is recognized that: (a) the Defendant died on March 28, 2015 while having a deposit claim of KRW 38,47,205 against the Defendant; (b) the Plaintiff A, the wife of the Plaintiff B, C, D, E, and F, inherited at the ratio of 18/135, respectively; and (c) Nonparty C, the wife of the Plaintiff B, C, D, E, and F, who was a child, inherited at the ratio of 18/135; and (d) Nonparty C, the wife of the J, who was the wife of the J, who died on May 22, 2001, was inherited at the ratio of 4/135, respectively.

According to the above facts, the defendant is obligated to pay to the plaintiff Gap 7,689,440 won, plaintiff B, C, D, E, and F each of the 5,126,29,176 won, each of the above plaintiffs' 1,139,170 won, each of which the above plaintiffs' 1,139,170 won, and each of them shall be claimed within the limit of 1,176 won, each of which the above plaintiffs' 5,126,29,290 won, and 1,139,170 won, each of which the plaintiff's 1,139,170 won, each of which the above plaintiffs' 1,15, from August 1, 2015 to September 30, 2015, to pay damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant's assertion argues that, in case where the deposit claim is inherited, legal disputes arising from the division of consultation, contributory portion, special beneficiary, etc. are likely to arise. Thus, according to the internal provisions, the heir may pay the deposit to the heir only with the consent of all inheritors. In this case without the consent of all inheritors, the plaintiffs cannot pay the deposit to the plaintiffs

However, in a case where the content of performance, such as monetary claims, is jointly inherited, it is naturally divided into co-inheritors according to their statutory shares at the time of inheritance commencement and at the same time, and thus, the plaintiffs who are the inheritors of I can exercise their own deposit claims corresponding to their respective shares of inheritance. The defendant's claim is based on the internal provisions that require the consent of all inheritors.

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