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(영문) 인천지방법원 2016.12.16 2016나57987
예금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The network B (hereinafter “the network”).

(2) On March 25, 2015, the deceased died. C and C among the first-class successors of C and C, who are the first-class successors of the deceased, renounced inheritance, and the Plaintiff’s report on the limitation of inheritance was accepted on May 21, 2015 as the High Government District Court Decision 2015Ra620, May 21, 2015. (2) The Plaintiff inherited the Plaintiff’s deposit claim (as of April 1, 2015; hereinafter “the instant deposit claim”) against the Defendant solely.

【Ground of recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap's 1 through 9

B. According to the above facts of recognition, the defendant is obligated to pay 16,242,89 won to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense of set-off, etc.

A. On the grounds of offset against the Defendant, the Defendant asserted that the Plaintiff offsets the Plaintiff’s loans and credit card payment obligations against the Defendant. As such, the Defendant asserted that the Plaintiff offsets the Plaintiff’s claims against the Plaintiff’s instant deposit claim by using the aforementioned loans and credit card payment claims against the Plaintiff as the automatic claim. 2) According to the overall purport of the entries and arguments in evidence Nos. 4, 1, 2, and 6-2, as the offset date, June 12, 2015, the Plaintiff had the instant deposit claim amounting to KRW 16,295,115 against the Defendant. The Defendant had the Plaintiff’s claims for loans and credit card payment amounting to KRW 148,48,417 against the Plaintiff, and the Defendant expressed his/her intent to offset each of the above claims against the Plaintiff on an equal amount as at the date of second pleading in the court of first instance on June 23, 2016.

However, according to Article 246 (1) 8 of the Civil Execution Act and Article 7 of the Enforcement Decree of the same Act, deposits with the balance of 1,500,000 won or less per person are prohibited from seizure, and the defendant cannot offset the above part of the deposit claim with the passive claim.

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