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(영문) 전주지방법원군산지원익산시법원 2015.02.04 2014가단154
청구이의
Text

1. The defendant's (appointed parties) and the designated parties C and D, the Jeonju District Court of the Seoul District Court of 2008j. 81.

Reasons

1. Basic facts (founded for recognition: Confession);

A. The Defendant filed an application against Nonparty E for a payment order under this Court No. 2008Ra81 on the ground that there was a claim for the purchase price of goods against Nonparty E, and this Court issued the Defendant an order to pay the Defendant 1,317,100 won and the amount of KRW 498,00 with 20% interest per annum from the day following the delivery of the original payment order to the day of complete payment. The payment order became final and conclusive on June 11, 2008.

B. The above E died on May 30, 2013, and the Plaintiff, etc., his/her child, became his/her heir of the property.

C. After that, the Plaintiff et al. filed a petition for an adjudication on the limited acceptance of inheritance with the Jeonju District Court’s Military Branch Branch 2013-Ma480, and the qualified acceptance report was accepted on September 2, 2013.

2. According to the above facts of determination, the plaintiff shall be held liable only to the extent of the property inherited from the deceased for the obligation under the above payment order against the defendant of the deceased E.

3. In conclusion, the claim of this case by the plaintiff et al. seeking the exclusion of the executory power of the above payment order is justified only for the part exceeding the limit of inherited property from E, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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