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(영문) 서울중앙지방법원 2017.04.04 2016가단138990

양수금

Text

1. The Defendants, within the scope of the property inherited from the network C, shall be KRW 15,00,000, respectively, to the Plaintiff and the Plaintiff.

Reasons

1. The reasoning of the judgment on the cause of the claim in this case and the changed cause of the claim in this case, and the facts that the Defendants received an inheritance limited recognition by the Seoul Family Court 2008 Madan5034 after the death of the deceased C do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1, 2, and Eul Nos. 1 through 3. Thus, the Defendants, the heir of the deceased C, are liable to pay the Plaintiff the amount set forth in paragraph (1) of this case within the scope of the property inherited from the deceased C.

2. The Defendants asserted that the instant claim should be dismissed, since they reported qualified acceptance without any active property inherited from the deceased.

However, since qualified acceptance for inherited debt does not extinguish the debt itself, it cannot be a ground for dismissal, and the circumstance that there is no remaining active property subject to inheritance does not affect the conclusion of a performance judgment that limits executory power to the extent of inherited property. Thus, the defendants' assertion is without merit.

3. If so, the plaintiff's claim by the defendants is justified, and all of them are accepted.