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(영문) 서울중앙지방법원 2019.08.23 2019가단5112048
청구이의
Text

1. The Defendant’s payment order against the Plaintiff A and B is based on the payment order issued on March 28, 201 by the Seoul Central District Court 201Da21179 dated March 28, 201.

Reasons

1. Facts of recognition;

A. Upon the application of the Defendant (former GG Co., Ltd.) on March 28, 201, the Seoul Central District Court paid the obligor KRW 17,286,081 to the obligee jointly and severally, and the obligor F paid the obligor KRW 9,530,500 to the extent that the obligor F would not exceed KRW 12,00,000 (hereinafter “instant payment order”). The obligor F made the instant payment order (hereinafter “instant payment order”), which was finalized on June 8, 2011.

B. The F (hereinafter “the deceased”) died on February 5, 2014, and the Plaintiffs are the deceased’s children.

On July 18, 2014, the Defendant received the succession execution clause of the instant payment order from the Plaintiffs.

Plaintiff

C was served on July 23, 2014, and the succeeding execution clause against the Plaintiff was received by the Plaintiff C on the same day, and the Plaintiff A was not delivered in Japan at the time, and the Plaintiff B was served on May 7, 2019.

C. On April 30, 2019, the Seoul Eastern District Court issued a collection order and the seizure and collection order, which became the Plaintiff A and the third obligor Company I, on the Defendant’s application.

(2019. Doz. 3778)

Plaintiff

A was notified on May 3, 2019 that the deposit account was seized by the above bank, and he became aware of the inheritance obligation under the instant payment order, and the plaintiff B was also aware of the plaintiff A through the plaintiff or the succession execution clause.

E. On May 16, 2019, the Plaintiffs filed a report on qualified acceptance with the Seoul Family Court and filed a report on qualified acceptance on June 5, 2019 (2019Jedan51777). The list of inherited property does not constitute active property, and the negative property is written that the inheritance obligation under the instant payment order exists.

F. On May 17, 2019, the Plaintiffs filed the instant lawsuit on the grounds that they reported qualified acceptance.

On May 21, 2019, this Court, upon request of the plaintiffs, suspend compulsory execution under the instant payment order until the pronouncement of the judgment.

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