1. The defendant shall pay 102,451,457 won to each of the plaintiffs and 15% per annum from May 16, 2017 to the date of full payment.

In fact, the network E died on February 17, 2017 (hereinafter referred to as “the deceased”), and there are Plaintiffs, F, and G, who are children, as inheritors.

In trading with the Defendant before the birth, the Deceased holds a deposit claim of KRW 614,708,744 [A deposit of KRW 610,225,021 (Account Number: H) in total] (hereinafter “each of the instant deposit claims”).

On April 20, 2017, the Plaintiffs sent a content-certified mail demanding payment or deposit of money equivalent to 1/6 of each of the Plaintiffs’ respective shares of equity among the deposit claims at Defendant Croop points. Around that time, content-certified mail reached Defendant Croop points.

[Ground of recognition] A without dispute, each entry in Gap evidence Nos. 1 through 7 (including a branch number), the purport of the whole pleadings, and the assertion of judgment as to the purport of the whole pleadings, the plaintiffs succeeded to each deposit claim as the deceased's heir. Thus, the defendant is obligated to pay to the plaintiffs each share of the deposit claims amounting to 102,451,457 won and damages for delay.

In a situation where the specific share of inheritance between the defendant's heir is unclear, only the amount equivalent to each of the plaintiffs' respective shares of inheritance can not be paid without the consent of all inheritors.

Judgment

If the contents of performance, such as monetary claims, are jointly inherited, it is a principle that it shall not be subject to division of inherited property, as it is naturally divided and reverted to co-inheritors according to the statutory share of inheritance at the same time of the commencement of inheritance.

(See Supreme Court Order 2014SY122 Decided May 4, 2016, etc.). The Deceased holds each deposit claim of KRW 614,708,744 in total against the Defendant. As seen earlier, the Plaintiffs, who are the deceased’s inheritors, F, and G are the same. As such, each deposit claim, the content of which is divided, has excess special beneficiaries among co-inheritors of the deceased.

(2).