1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On May 17, 2004, the Defendant applied for a payment order against the deceased C (hereinafter “the deceased”) to the Gwangju District Court head of the Gwangju District Court for a reimbursement order for the claim for reimbursement of the amount of reimbursement claim from the above court on May 17, 2004, the Defendant received the payment order (hereinafter “instant payment order”) stating that “the deceased shall pay to the Defendant the amount equivalent to KRW 12.5 million and the amount equivalent to the rate of KRW 20% per annum from November 29, 2003 to the date of full payment and the expenses for demand procedure” (hereinafter “instant payment order”). The above payment order was finalized on June 3, 2004.

B. On October 24, 2012, the Deceased died due to an accident involving shock on a vehicle.

Accordingly, on December 20, 2012, D, the deceased’s spouse, and the deceased’s son, etc. filed a claim for damages against the Hanhwa Insurance Co., Ltd., an insurance company of shocked vehicles (hereinafter “Korean Commercialized Damage Insurance”), as Seoul Southern District Court 2012Kadan86370, but withdrawn the claim on January 15, 2013 after the mutual agreement between the parties was reached on January 2013.

According to the above agreement, the plaintiff and D et al. received a total of KRW 55 million as damages for the death of the deceased from the Korean Commercial Accident Insurance, and D used it as educational expenses for the children.

C. On June 30, 2015, the Defendant granted to the Plaintiff, etc., who is the deceased’s heir, an execution clause regarding the instant payment order. On July 14, 2016, the Defendant received a claim attachment and collection order against the Plaintiff’s deposit claims against the Nonghyup Bank Co., Ltd., Ltd. as the Gwangju District Court 2016TB1, Jul. 14, 2016.

On August 6, 2015, the Plaintiff reported the qualified acceptance by entering the list of inherited property as “affirmative property: nonexistent property; small property: obligation based on the instant payment order;” and the said court rendered a judgment on October 6, 2015 on the acceptance of the list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' arguments.