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(영문) 창원지방법원김해시법원 2020.07.02 2020가단53
청구이의
Text

1. On December 19, 2019, Supreme Court Decision 2019Gais1293 Decided December 19, 2019 against the Defendant’s Plaintiffs.

Reasons

1. Basic facts

A. On December 19, 2019, the Defendant filed a lawsuit against the Plaintiffs who succeeded to the net F’s card payment obligation (2019 Ghana 12993) with this court to seek payment of the said card payment (hereinafter “the instant judgment”) and was sentenced to the judgment of the court that “the Plaintiff C shall pay to the Defendant, and the Plaintiff C shall pay to the Plaintiff KRW 4,760,692, and KRW 4,635,098 among them, and the Plaintiff A and B shall pay the amount of KRW 3,173,795, and KRW 3,090,066 each of them shall be paid at the rate of 12% per annum from November 12, 2019 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive around that time.

B. On October 8, 2019, the Plaintiffs reported the waiver of inheritance to Plaintiff A and B, and Plaintiff C filed a qualified acceptance of inheritance, respectively. On February 10, 2020, the said court rendered a judgment accepting each of the above reports.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, compulsory execution based on the judgment of the defendant against the plaintiffs of this case against the plaintiffs of this case should not be permitted against the plaintiff A and B, and the plaintiff C shall not be allowed to the part exceeding the scope of the property inherited by the plaintiff C from the deceased F.

3. Conclusion, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition by admitting it.

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