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(영문) 서울중앙지방법원 2016.04.08 2014가단230854
리스료
Text

1. The Defendants are within the scope of property inherited from their respective networks D to the Plaintiff, and KRW 189,880,690, among them, and KRW 67,686.

Reasons

1. The claim indication network D entered into a car lease agreement with the Plaintiff on November 6, 2007 with respect to the Kanch Gaz Gaz Gaz Gaz 550 vehicles on October 31, 2007. The total amount of obligations, such as the lease charge, late October 29, 2014 based on each of the above car lease agreements, including the lease charge, late payment charge, late payment charge, etc., is KRW 379,761,381 (including principal principal 135,372,464), and the overdue interest rate on arrears is 24% per annum.

On August 18, 2009, the deceased on August 18, 2009, the Defendants inherited as their children, and each of their respective inheritance shares was 1/2, and the Defendants were adjudicated to accept a qualified acceptance report. Therefore, the Defendants seek payment of each inheritance obligation within the scope of the Defendants’ inherited property.

(1) The court shall render a judgment on the performance of the entire inherited property even if there is no inherited property or the inherited property is insufficient to pay for the inherited property of the inheritor, provided that the qualified acceptance of inheritance is not limited to the existence of the obligation, but merely limited to the scope of the liability of the inheritor, so long as the qualified acceptance of inheritance is deemed to exist even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment on the performance of the entire inherited property: Provided, That since the debt has a character not to enforce compulsory execution against the inherent property of the inheritor, it shall specify the purport that it may be executed only within the scope of the inherited property in the text of the judgment on performance to restrict the executory power

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