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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. 24,211,519 won and its related expenses from April 18, 2013 to May 28, 2015
Reasons
1. Basic facts
A. The parties’ relevant net C (hereinafter “the deceased”) died on January 6, 2013. At the time, the deceased’s heir is the Plaintiff and the Defendant, a child.
B. The Defendant’s withdrawal of the deposit account in the name of the Deceased (1) from around 2010 to the Defendant, holding the passbook and seal of the Deceased, and holding a new bank (hereinafter “new bank”).
(2) On January 8, 2013, the Defendant withdrawn KRW 5,00,00 from the instant account on January 8, 2013, and withdrawn KRW 32,580,780 after the termination of the said account on January 9, 2013.
C. On October 26, 2010, the deceased’s claim for return of unjust enrichment against the plaintiff was filed by Seoul Southern District Court 2010Kahap5619, and on October 26, 2010, the judgment was rendered by the above court that “the plaintiff shall pay to the deceased 20 million won per annum from September 14, 2010 to October 26, 2010, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.” The Seoul High Court appealed as 2010Na12013, but the plaintiff appealed from the above court on August 19, 201. The judgment became final and conclusive at that time.
At the time of the death, the deceased’s inherited property owned the real estate listed in Section 2 of Attached Table 1 at the time of the death, and the deposit claim of KRW 37,580,780 deposited in the account of this case to the new bank, and the plaintiff against the plaintiff.
As described in paragraph (1), "20,000,000 won and the amount of damages for delay calculated at the rate of 5% per annum from September 14, 2010 to October 26, 2010, and 20% per annum from the next day to the date of full payment, and the inheritance obligation.