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(영문) 서울고등법원 2014.02.20 2012나44725
예금반환 등
Text

1. The judgment of the court of first instance is modified as follows.

2. The Plaintiff:

A. Defendant B is 56,036,255 won and 27,500 among them.

Reasons

Basic Facts

The Plaintiff, Defendant B, E, and Nonparty F are the children of G (hereinafter referred to as “the deceased”), who are co-inheritors, and Defendant C is the wife of Defendant B, and Defendant D is the grandchildren of Defendant B’s son.

From around 206, the Deceased was hospitalized on July 9, 2008 at around 16:35, and died on July 12:45, 2008, after which he was hospitalized in a state of unknown consciousness.

On June 30, 2006, the deceased opened a single bank account (H) in the name of F, and deposited KRW 1 billion in the name of Defendant E on September 29, 2006, but deposited KRW 500 million in the account under the name of Defendant E., and transferred the remaining KRW 500 million to Defendant E’s account in the name of J (K), but transferred on December 28, 2007 to Defendant E’s account in the name of one bank (L).

On January 28, 2008, Defendant B withdrawn a total of KRW 500 million from the deceased’s bank account (M’s KRW 490 million, N’s KRW 10 million), and opened and deposited the bank account (O) in the name of Defendant D.

On April 10, 2008, Defendant B withdrawn a total of KRW 600 million ( KRW 510 million from P to KRW 510 million, KRW 60 million from Q to KRW 60 million, and KRW 30 million from R to the account of the deceased, and deposited the bank account in the name of Defendant C.

On April 21, 2008, the Deceased subscribed to the term deposit in our bank (V; hereinafter “Korean bank deposit”) with the deposit amount of KRW 400 million on April 21, 2009, the due date of which was April 21, 2009. In order to secure the loan obligations of KRW 133,400,000 against the non-party U.S. bank, the Deceased created a pledge on the deposit in our bank.

On July 10, 2008, Defendant B terminated the savings deposit (T; hereinafter “A bank deposit”) against one bank of the Deceased, and transferred KRW 210 million to his account. Of the above money, Defendant B was divided into KRW 110 million and KRW 100 million.

Defendant B, on July 10, 2008, changed the interest payment account of the deceased’s deposit into his own account on July 21, 2008.

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