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The defendant against Gap 74,121,66 won, plaintiff B, plaintiff C, and plaintiff D respectively for 49,414,444 won and each of the above money.
Reasons
1. Basic facts
A. Plaintiff A is the deceased’s spouse of the net F (Death on June 23, 2019) and G, Plaintiff B, Plaintiff C, and Plaintiff D are the deceased’s children.
B. The NetworkF held the Defendant’s deposit and investment amounting to KRW 271,779,443 (hereinafter “the instant deposit”).
(c)
The networkF died on June 23, 2019, and the Plaintiff A succeeded to the instant deposit claim according to the inheritance share of 2/11, respectively.
(d)
The Plaintiffs presented materials proving the inheritance relationship of the deceased F to the Defendant, and sought payment of the amount equivalent to their respective legal shares. However, the Defendant refused the payment of the instant deposit claim with the consent of all co-inheritors.
[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's evidence Nos. 1 through 2 (including each number; hereinafter the same shall apply), Eul's entry in the evidence No. 1, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at each rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 6, 2020 to the day of complete payment, which is calculated by 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from October 6, 2020 to the day of complete payment, to the inheritor who inherited the claim of this case from the deceased F.
3. The defendant's assertion argues that it is difficult to determine the scope of the deceased F's heir, and that it is difficult to confirm each specific inheritance share of the co-inheritors due to the lack of the consent of all co-inheritors, thus, it is impossible to comply with the plaintiffs' claim for payment.
The heir, where the decedent died, shall be the property of the inheritee from the time of commencement of the inheritance.