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(영문) 창원지방법원 진주지원 2018.07.12 2018가단707
예금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,794,938 and the interest rate of KRW 15% per annum from September 22, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

(a) B and C had the Plaintiff (Nam), etc., as their children, D (ma), E (ma), F (ma), and G (ma) with their children, including the Plaintiff (ma).

B died on February 25, 1943, and C died on January 5, 1984.

B. D on May 12, 1945, married with H and placed I as his child under the chain.

H died on June 19, 200, and D died on November 5, 2007.

C. E on December 19, 1959, married with J on December 19, 1959 and placed K as his child under the sleep.

J died on January 22, 1987, and E died on May 22, 201.

The F died on June 8, 1941.

E. G was married with M on March 4, 1982, but there was no child under the chain, M died on June 17, 2005, and G died on December 8, 2016.

F. G had the Defendant’s deposit amounting to KRW 53,384,814 prior to the death.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 20, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged earlier, G died on December 8, 2016, and the Plaintiff succeeded to G with 1/3 shares.

B. Furthermore, the Plaintiff asserts that G’s sole heir has died before G, the decedent, died.

Pursuant to Article 1001 of the Civil Act, where a lineal descendant or a sibling who is to become an inheritor dies or becomes disqualified before the commencement of the inheritance, and where such lineal descendant has a lineal descendant, the lineal descendant is deceased or becomes an inheritor in lieu of the order of the disqualified person.

According to the facts acknowledged above, D, and E died before G's death, but D are children of D, and K respectively, and as I, K succeeds to D and E on behalf of their children, they become successors in lieu of their priority.

Therefore, this part of the plaintiff's assertion is without merit.

C. Therefore, the Defendant’s KRW 17,794,938 (i.e., KRW 53,384,814 x 1/3) and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 22, 2017 to the day of complete payment.

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