1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the heir of C who died on February 15, 2001 (hereinafter “the deceased”).

B. On September 4, 2009, the Defendant filed an application against the Plaintiff for the payment order seeking the payment of inheritance debts against the deceased’s claim amount under the Daegu District Court Branch Branch Branch 2009j3152.

The above court shall for the same month

8. The Plaintiff issued a payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall pay to the Defendant 3,698,224 won and the amount calculated by the rate of 5% per annum from December 29, 2006 to the service date of the instant payment order, and 20% per annum from the next day to the day of full payment.”

The above payment order was finalized on the 30th of the same month.

C. On December 22, 2014, the Plaintiff filed a report on the inheritance limited acceptance with the Daegu Family Court’s branch court support 2014Radan556, and on April 14, 2015, received a judgment on the acceptance of the above qualified acceptance (hereinafter “instant qualified acceptance”) from the said court.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that since the qualified acceptance of this case was received, the compulsory execution based on the payment order of this case should be denied.

As to this, the Defendant knew on September 15, 2009 that the Plaintiff served the original copy of the payment order of this case, and reported the qualified acceptance of this case more than three months since that time, the Plaintiff knew that the inheritance obligation exceeds the inherited property. Thus, the qualified acceptance of this case is invalid.

B. Determination of an inheritor shall make a qualified acceptance within three months from the time the commencement of inheritance becomes known. However, if an inheritor does not know the fact that his/her inherited obligation exceeds his/her inherited property without gross negligence, a qualified acceptance may be made within three months from the time when he/she becomes aware of such fact (Article 1019(3) of the Civil Act), and the fact that his/her inherited obligation exceeds his/