A. On January 23, 2018, the Defendant filed a lawsuit against the Plaintiffs and Nonparty’s inheritors, the deceased C’s heir, against this Court. On January 23, 2018, this Court rendered a judgment that “The Defendant shall pay to the Defendant the amount calculated at the rate of 27.9% per annum from July 25, 2017 to the day of full payment,” and that at that time, the court rendered a judgment that “the Defendant shall pay to Nonparty E the amount of KRW 3,334 won, Defendant A, Defendant A, Defendant B, and Nonparty F, calculated at the rate of 27.9% per annum from July 25, 2017 to the day of full payment.”

B. C (D) died on August 23, 2017, and on October 11, 2017, the Plaintiffs, who were his/her dependants, filed a report on qualified acceptance of inheritance with this court, and the said court accepted the said report on October 20, 2017.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. Determination

A. According to the above facts, the part of compulsory execution based on the above judgment exceeds the scope of the property inherited from the deceased C is not a responsible property, and thus, it shall be dismissed.

B. As to this, the defendant asserts that the compulsory execution against the plaintiffs' proprietary property should be maintained, since the plaintiffs did not follow the liquidation procedures and did not protest against the qualified acceptance in the lawsuit filed by the plaintiff.

However, since the scope of responsibility of an obligor who does not claim qualified acceptance does not appear, the scope of responsibility does not affect the res judicata effect on the order and the reason.

(see Supreme Court Decision 2006Da23138, Oct. 13, 2006). Therefore, the Plaintiffs are allowed to file a lawsuit of demurrer against a claim on the ground of the fact that the qualified acceptance is made. Therefore, the above assertion by the Defendant is without merit.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.