logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.16 2017나22568
예금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B (hereinafter “the deceased”) died on April 28, 2016, and the Plaintiff is a lineal ascendant of the deceased.

B. At the time of death, the Deceased had a deposit claim of KRW 11,966,701 (hereinafter “instant deposit claim”) against the Defendant bank, and there was a loan of KRW 21,286,194 ( principal KRW 20 million, interest KRW 1286,194) (hereinafter “instant loan”).

C. The Plaintiff filed a request with the Suwon District Court for a qualified acceptance trial, stating that “No positive property is available, and no passive property is known” in the list of inherited property. On July 28, 2016, the said court accepted the Plaintiff’s qualified acceptance report.

(C) On December 9, 2016, the Plaintiff received a ruling of correction on December 9, 2016, by stating the deposit claim of this case in active property while filing an application for correction of the list of inherited property, and adding the loans, etc. of this case in small property.

(U) facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant bank is obligated to pay KRW 11,966,701 to the Plaintiff who succeeded to the instant deposit claim, as well as damages for delay.

B. As to the assertion, etc. of the Defendant bank, the Defendant bank asserted that the instant deposit claim would be offset by the instant loan, in full view of the purport of the argument in the evidence Nos. 1 through 5, the Defendant bank sent to the Plaintiff a written notice of set-off to offset the instant deposit claim against the instant deposit claim on December 19, 2016, by making the deceased delayed payment of interest, and making repayment on June 16, 2016, and the Defendant bank sent a written notice of set-off to offset the instant deposit claim against the instant deposit claim on December 21, 2016.

Therefore, as of June 16, 2016, the deposit claim of this case was set off against the claim of this case and terminated all of them.

Defendant.

arrow