A. The Defendant had the Plaintiff’s father’s claim against B, but filed a loan claim lawsuit (Seoul Central District Court 2010 Ghana 1230266) against B, but the Defendant was found to have died on July 13, 2010, and filed a correction of the party indication against the Plaintiff, C, and D, who was his inheritor, and received the Defendant’s claim from the said court on April 29, 2011.

(hereinafter “instant judgment”). (b)

After that, on February 7, 2014, the Plaintiff, C, and D filed an application for the adjudication on the limited acceptance of inheritance with the Seoul Family Court 2013 Dog-Ma923, and received the adjudication on the qualified acceptance of the qualified acceptance.

(hereinafter “instant case’s qualified acceptance judgment”). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserted that since the plaintiff received a qualified acceptance judgment after the judgment of this case, compulsory execution based on the original copy of the judgment of this case shall not be permitted.

B. In a lawsuit brought by a judgment obligee against an inheritor who inherited the inheritee’s monetary obligation, the scope of liability does not appear as a subject of adjudication if the obligor does not assert the fact of qualified acceptance, and thus, the scope of liability does not appear as a subject of adjudication as well as the reasoning thereof does not affect res judicata.

Therefore, even if an obligor, even though a qualified acceptance was made by the obligor, failed to assert the fact by the time the argument is closed at the trial court in the lawsuit brought by the obligee, and thus no reservation of the scope of liability became final and conclusive, the obligor may thereafter file a lawsuit of demurrer

(See Supreme Court Decision 2006Da23138, Oct. 13, 2006). However, the qualified acceptance is merely a limitation on the scope of the inheritor’s liability and does not allow the obligor to be exempted from the liability itself, and thus, the qualified acceptance judgment is made.