A. The Plaintiffs are successors as parents of the deceased C (Death on May 9, 2013).

B. On July 16, 2015, the Defendant filed a lawsuit against the Plaintiffs who succeeded to the net C’s obligation with Seoul Western District Court Decision 2014Da583441, the Defendant was sentenced to a favorable judgment (hereinafter “instant judgment”) that “the Plaintiff paid the Defendant the amount calculated at the rate of 20% per annum from July 17, 2015 to the day of full payment” (hereinafter “instant judgment”).

The instant judgment became final and conclusive on August 6, 2015.

C. On September 16, 2014, the Plaintiffs reported to the Seoul Family Court 2014Jaea7590 to approve inheritance, and the said report was accepted.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiffs are responsible only for the net C's obligations within the scope of inherited property. Therefore, compulsory execution based on the judgment of this case against the plaintiffs of this case against the plaintiffs should be dismissed only for the part exceeding the scope of the property inherited from the net C.

B. The defendant's assertion argues that since the defendant's judgment on the plaintiff's assertion was accepted before the judgment of this case was rendered, it cannot be a ground for objection as it goes against the res judicata of the judgment of this case pursuant to Article 44 (2) of the Civil Execution Act.

However, the limitation of liability based on qualified acceptance is, regardless of the existence and scope of the inheritance obligation, however, limited to the scope of the inherited property, and the executory power of the judgment is limited. In a lawsuit filed by an obligee against an inheritor who inherited a monetary obligation of an inheritee seeking the performance of the inheritance obligation, the scope of liability does not appear as the object of adjudication in reality, and the scope of liability does not appear as the object of adjudication.