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(영문) 서울중앙지방법원 2018.05.02 2017가단5200606
예금
Text

1. As to KRW 67,630,455 and KRW 66,419,012 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 4, 2017 to May 2, 2018.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 1 (including each number):

B The deceased on December 10, 2016 (hereinafter “the deceased”) and the Plaintiff and C, D, and E jointly inherited the deceased’s property.

B. At the time of death, the Deceased entered into a contract with the Defendant on each deposit, etc., and held six deposits and trust money claims against the Defendant as listed below, and as of January 15, 2018, the amount of the terminated refund as of January 15, 2018 is listed below.

On January 15, 2018, the sum of the principal or trust deposits as of January 15, 2018, 230,000,000,438,0332 G term deposit claims 230,000,000,434,406,794 H foreign currency deposit claims 3,457,457,457,5033,457,5034 I foreign currency deposit claims 12,212,212,9845 J. 5 J. 5,0325,0325,0326 K foreign currency deposit claims 1,4741,474,474, 265,679, 2705, 2706, 284, 164, 1665, 1665, 267, 1664, 2765, 167

2. According to the above facts of recognition, each claim such as deposits in the name of the deceased is attributed to the co-inheritors at the time of the commencement of inheritance with the claim for a set-off, and at the same time to the statutory shares of the co-inheritors. As a result of the death of the deceased, one of the four co-inheritors, who are the children of the deceased, constitutes one-fourth of the statutory inheritance among the claims such as deposits against the defendant

The corresponding amount of “Plaintiff’s statutory inheritance portion” on the table was inherited.

Therefore, the defendant, among the claims of the deceased such as the above deposit, filed a claim against the plaintiff for delay compensation of KRW 67,630,45, and KRW 66,419,012, the principal or trust money of the plaintiff (the plaintiff is claiming for delay compensation of KRW 67,527,187, but there is no evidence to prove that principal or trust money exceeding KRW 66,419,012 exists, and this part of the claim is without merit).

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