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(영문) 서울남부지방법원 2016.08.25 2015가단51870
물품대금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased C by the deceased C, KRW 50,094,00,000, and the said amount on January 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, a merchant of gold-type product manufacturing business, entered into a contract with C to manufacture and deliver gold-type products, and made and delivered gold-type products to C on May 30, 2015. The Plaintiff had a claim against C in the amount of KRW 50,094,000 for the goods.

B. C died on September 29, 2015. The co-inheritors were the Defendant of D, E, and their wife, who are C’s children. The aforementioned D, E, and the Incheon Family Court rendered a judgment of acceptance of the declaration of renunciation of inheritance on June 16, 2016. On January 11, 2016, the Defendant was inherited by the Incheon District Court Decision 2015Ra3886.

[Reasons for Recognition] Facts without dispute, entry in the evidence Nos. 3 and 5

2. Determination:

A. The qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment on performance of the entire inherited obligation even if the inheritance does not exist or the inherited property is insufficient to repay the inherited obligation. However, in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment on performance, in order to limit the executory power.

(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003, etc.). B.

According to the above facts, the defendant, as a sole heir, is 50,094,000 won for goods within the scope of the property inherited from the deceased C, and as to this, as to the existence and scope of the defendant's obligation from June 1, 2015, which is the day following the delivery date of gold products, until August 25, 2016, which is the ruling date of this case, 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

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