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(영문) 대구지방법원 2020.07.03 2019가합2258

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around 2008, the Plaintiff filed a lawsuit against E seeking the payment of trial costs and consolation money.

[2] On December 4, 2009, the appellate court of the instant case (Tgu High Court 2009Na7725) (Seoul High Court 2009Na7725) concluded mediation that "E shall pay to the Plaintiff 3,00,000 won with 5% per annum from December 31, 2008 to September 8, 2009 and 20% per annum from the next day to the day of full payment."

(hereinafter referred to as “instant conciliation,” and the conciliation protocol prepared according to the instant conciliation protocol is referred to as “instant conciliation protocol”). B.

E Deceased on January 18, 2013 (hereinafter referred to as “the deceased”), and Defendant C and D, the wife of the deceased, jointly inherited the deceased.

C. On November 21, 2017, the Plaintiff received an execution clause to succeed to the instant conciliation protocol from the Daegu District Court. A certified copy of the succeeding execution clause, and a certificate of succession was served on Defendant D on November 23, 2017; Defendant C on November 24, 2017; and Defendant B on November 27, 2017.

On December 12, 2017, the Defendants reported the qualified acceptance on the inheritance of the deceased’s property to the Daegu Family Court, and received an adjudication on February 6, 2018 from the above court (2017-Ma10665) on the acceptance of the report on the qualified acceptance.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 4, 6, Eul evidence 4, the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff did not waive inheritance within three months after the deceased died, and succeeded to the obligations of the deceased to the Plaintiff following the instant conciliation, and thus, are obligated to repay the said obligations to the Plaintiff with its own property.

Therefore, the Plaintiff seeks to permit compulsory execution on the Defendants’ inherent property based on the instant protocol of mediation.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. Res judicata of the judgment of the relevant legal doctrine is a judgment.