A. On November 10, 2014, the Defendant loaned KRW 3,000,000 to C by setting the due date as December 30, 2014 and interest rate as 24% per annum, and on November 14, 2014, a notary public drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with No. 6666 of the notarial deed 2014.

B. C A died on November 17, 2014, and his/her heir has the Plaintiff (appointed; hereinafter “Plaintiff”) and the designated parties, who are his/her spouse.

C. On January 28, 2015, the Defendant was granted an execution clause for succession to the instant authentic deed by designating the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) as the heir of C as the successor.

Plaintiff

On April 2, 2015, the Busan Family Court filed a report on the approval of the inheritance limited status with the Busan Family Court 2015-Ma1148, and the said report was accepted on August 4, 2015.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 2 through 5, purport of the whole pleadings

2. Determination as to the cause of claim

A. A lawsuit of demurrer is claiming the exclusion of executive title’s executory power based on the objection against the debt itself. However, determination on the scope of limitation of liability of an inheritor based on the qualified acceptance with the effect of separating the debt and liability is a matter of substantive law and is a legitimate ground for objection that can be asserted in the lawsuit of objection as a matter of substantive law.

On the other hand, even if a qualified acceptance is made, the responsibility is limited to the scope of inherited property, and the debt itself does not extinguish, making a claim for exclusion of executive titles based on qualified acceptance is not allowed, and it is possible to seek exclusion of executive force in the sense that the scope of executive force is limited to inherited property.

B. In the instant case, the Plaintiff, etc., who reported the qualified acceptance regarding the deceased C’s inheritance, is obligated to perform the obligations based on the instant notarial deed within the scope of the property inherited from the deceased C.