대여금
1. The Plaintiff:
A. Defendant A shall pay KRW 26,708,065 and KRW 8,123,513 among them from September 1, 2005 to the date of full payment.
1. The Plaintiff filed a lawsuit against H to receive a favorable judgment on September 6, 2005, and the judgment became final and conclusive on September 23, 2005 (No. 2005Da1450), and H died after only a part of the above loans were repaid, and the Defendants inherited the above loan obligations of H.
2. Applicable provisions, etc.;
A. Article 208(3)1 of the Civil Procedure Act on the part of the claim against Defendant A, B, and D (a judgment without pleading)
B. There is no dispute as to the Plaintiff’s amended claim purport and cause of the claim against Defendant C, E, F, and G.
[Qualified acceptance of inheritance is not limited to the existence of an obligation, but it is merely limited to the scope of liability. Thus, where a qualified acceptance of inheritance is recognized as existing even in cases where a qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inherited obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, since such obligation has a nature not to enforce compulsory execution against the inheritor’s proprietary property, it is sufficient to specify the purport that only the inherited property may be executed within the scope of the inherited property in the text of the judgment to restrict executory power (see Supreme Court Decision 2003Da30968, Nov. 14, 2003).