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(영문) 서울중앙지방법원 2015.11.24 2015가단5231545
보증채무금
Text

1. The Defendants pay each of KRW 35,000,000 to the Plaintiff within the scope of the property inherited from the deceased C.

2.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 3, the facts are recognized as identical to the grounds for the attached claim and the amended grounds for the claim. Therefore, the Defendants are liable to pay the money stated in the purport of the claim within the scope of the property inherited from the deceased C

(2) The Plaintiff’s assertion that the Plaintiff’s claim should be dismissed on the grounds that the Defendants received an inheritance limited acceptance judgment, but the qualified acceptance of inheritance does not limit the existence of the obligation, but is merely limited to the scope of liability. Thus, if the qualified acceptance of inheritance is recognized even if there is no inherited property or the inherited property is insufficient to repay the inherited property, the court shall render a judgment on performance of the entire inherited property. However, inasmuch as the obligation of the inheritor has the nature of not being able to enforce compulsory execution against the inherent property of the inheritor, it is sufficient to specify the purport that only the inherited property can be executed within the scope of the inherited property in the text of the performance judgment in order to limit executory power.

(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003). Therefore, the Defendants’ assertion is without merit.

3. Therefore, the Plaintiff’s claim of this case against the Defendants is accepted.

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