1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On May 17, 2004, the Defendant applied for a payment order against the deceased C (hereinafter “the deceased”) to seek payment of the claim for reimbursement of the amount of reimbursement from the Gwangju District Court Branch Branch of the Gwangju District Court (hereinafter “Seoul District Court”) and on May 17, 2004, the Defendant received the payment order stating that “the deceased shall pay to the Defendant the amount of KRW 12.5 million and the amount calculated at the rate of 20% per annum from November 29, 2003 to the date of full payment and the expenses for demand procedure” (hereinafter “instant payment order”). The above payment order was finalized on June 3, 2004.

B. However, on October 24, 2012, the Deceased died of an accident involving shock on a vehicle.

Accordingly, on December 20, 2012, the Plaintiff, the deceased’s spouse, and D et al. filed a claim for damages against the Hanhwa Insurance Co., Ltd., an insurance company of the vehicle that shocked the deceased (hereinafter “Korean Film Council”) as Seoul Southern District Court 2012Kadan86370, but withdrawn the lawsuit on January 15, 2013 after the agreement was reached between the parties on January 2013.

According to the above agreement, the plaintiff and D received a total of KRW 55 million from the Han Bagian's death compensation, and the plaintiff used it as educational expenses, etc. for the children.

C. On June 30, 2015, the Defendant granted to the Plaintiff, etc., who is the deceased’s heir, an execution clause regarding the instant payment order, and received a seizure and collection order as to the Plaintiff’s deposit claims against the NH Bank Co., Ltd. on July 19, 2016.

On August 6, 2015, the Plaintiff reported the qualified acceptance by entering the list of inherited property as “affirmative property: nonexistent property; small property: obligation based on the instant payment order;” and the said court rendered a judgment on October 6, 2015 on the acceptance of the list.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, substantial fact in this court, purport of whole pleadings

2. The Parties.