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(영문) 서울중앙지방법원 2016.10.12 2016가단5129144

청구이의

Text

1. The defendant's enforcement against the defendant against the payment order of the Seoul Central District Court 2005 tea34555 is enforced by the plaintiffs.

Reasons

1. Basic facts

A. Green Holdings Co., Ltd. filed an application for a payment order with the net C seeking payment of KRW 94,084,512, interest and delay damages. The above court accepted the application on July 15, 2005, and issued the payment order (hereinafter “instant payment order”). The payment order was finalized on August 10, 2005.

B. The Defendant, the transferee of the claim following the instant payment order (the former trade name before the change: the Korea Deposit Manager), received an execution clause on succession to the instant payment order, and received a seizure and collection order as to the Plaintiffs’ deposit claims, etc. under Seoul Western District Court 2016TT206, as Seoul Western District Court 2006.

C. On the other hand, on September 2, 2008, the Plaintiffs reported the qualified acceptance in the inheritance of the deceased C’s property as Seoul Family Court Decision 2008Radan8481, and the above court accepted the above report on September 18, 200.

[Grounds for recognition] The descriptions of Gap 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts finding, the plaintiffs are liable for the payment order of this case only within the scope of the property inherited from the deceased C, so compulsory execution based on the payment order of this case against the plaintiffs shall be dismissed only within the extent of the part exceeding the scope of the property inherited from the deceased C.

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.