beta
(영문) 대구지방법원 서부지원 2018.04.25 2017가단13742

청구이의

Text

1. The Defendant rendered a judgment with executory power over the Defendant’s loan loans No. 2014 Ghana32708 against the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the contents of evidence Nos. 1 to No. 3 and the purport of the whole pleadings.

On December 9, 2014, the Defendant filed a lawsuit against C seeking the payment of loans under this Court No. 2014Gada32708, and rendered a judgment against D that “C shall jointly and severally with D pay to the Plaintiff 8,00,000 won and the amount calculated by the rate of 20% per annum from September 28, 2014 to the date of full payment” (hereinafter “instant judgment”), and the instant judgment became final and conclusive on January 20, 2015.

B. After that, on May 22, 2017, C died, and the Plaintiff, a child of C, succeeded to C.

C. On September 19, 2017, the Plaintiff filed a report on the acceptance of a qualified acceptance report with the Daegu Family Court 2017-Madan1776, and was tried by the said court on September 19, 2017.

2. According to the above facts of determination as to the cause of the claim, since the plaintiff is responsible for the repayment of the debt to the defendant within the scope of the property inherited from C, compulsory execution against the plaintiff based on the judgment of this case should not be allowed as to the part exceeding the scope of the property inherited from the deceased C.

3. The defendant's assertion is alleged to the effect that the plaintiff agreed to repay the deceased's obligation to the defendant, but there is no evidence to acknowledge it, and the defendant's above assertion cannot be accepted.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.