1. Regarding the original payment order in the loan case No. 2006 tea5435 against the defendant's network D.

1. Basic facts

A. The Plaintiffs are children of the deceased D (Death on July 23, 2010, hereinafter “the deceased”).

B. The Defendant received a payment order (Seoul Central District Court No. 2006 tea5435, hereinafter "the instant payment order") from the deceased to the effect that "the deceased shall pay the defendant 52.5 million won with 5% per annum from June 19, 2004 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of complete payment." The above payment order was finalized on March 28, 2006.

C. Upon the deceased’s death on July 23, 2010, the Plaintiff A filed a qualified acceptance report on September 20, 201 and received the adjudication on October 11, 2010.

(B) On September 20, 2010, Plaintiff B filed a declaration of renunciation of inheritance, and was adjudicated on October 1, 2010.

(2010 Modan2822) d.

As to the instant payment order, the Defendant applied for granting the succeeding execution clause to the Plaintiffs, and received the succeeding execution clause (hereinafter “instant succeeding execution clause”) on June 17, 2015 (hereinafter “instant succeeding execution clause”).

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, 4-1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The fact that the plaintiff A made the qualified acceptance of inheritance is as seen earlier, and therefore, the plaintiff A bears the responsibility for the inheritance obligation only within the limit of the property inherited from the deceased.

Therefore, compulsory execution based on the instant succession execution clause granted by the Plaintiff A as his successor to the deceased regarding the instant payment order is allowed only within the scope of the property inherited by the Plaintiff A from the deceased, and the exceeding portion is not permissible.

B. The fact that Plaintiff B renounced inheritance is as seen earlier, and the waiver of inheritance becomes effective retroactively from the time of the commencement of the inheritance.

Therefore, regarding the instant payment order.