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1. On April 29, 201, the Defendant’s Busan District Court held that the Defendant’s claim for reimbursement against the Plaintiff is enforceable.
Reasons
1. Facts of recognition;
A. The Plaintiffs’ mother-friendly D concluded an agency contract with wheel Korea Co., Ltd., and concluded a performance guarantee insurance contract with the Defendant under the joint and several guarantee of the Plaintiffs’ submitted C, etc.
B. After paying performance guarantee insurance for D, the Defendant filed a lawsuit for the claim for reimbursement with the Changwon District Court 99Da42370 against joint and several sureties including D who is the principal debtor. The Plaintiffs were also the inheritor and the Defendant were the deceased relationship with C around that time.
B. After receiving a favorable judgment in the instant case, the Defendant again filed a suit for the claim for reimbursement amounting to the Busan District Court 2010dan105354 for the extension of prescription, and obtained a favorable judgment.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The parties' assertion and the judgment plaintiffs asserted that the defendant's compulsory execution exceeding the scope of the inherited property should not be permitted since they made a qualified acceptance on the inherited property set forth in attached C, and the defendant asserted that the defendant's attached C died on September 30, 1997, and the defendant reported the qualified acceptance on March 27, 2013. Accordingly, the defendant notified the plaintiff A of the details of the inherited property's debt and provided guidance to the qualified acceptance procedure, so the plaintiff's report on the qualified acceptance is invalid even with the exclusion period.
First, the Civil Code provides a simple acceptance, qualified acceptance or renunciation within three months from the time the inheritor becomes aware of the commencement of the inheritance.
(Article 1019, Paragraph 1). In the event that an inheritor, notwithstanding the provisions of paragraph (1), has made an absolute acceptance without knowing the fact that his inherited obligation exceeds his inherited property within the period under paragraph (1) without any gross negligence, a qualified acceptance may be made within three months from the date on which he knows such fact
(Article 1019, Section 3).
Here, there is no knowledge that the inheritance liability exceeds the inherited property by gross negligence.
“The heir shall pay a little amount of money.”