beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. On March 6, 2015, the Plaintiffs: (a) were the inheritors of E, who died on December 30, 2014; (b) filed a report on the re-approval of inheritance by stating on March 6, 2015 that the passive property exceeds active property; and (c) was adjudicated on May 13, 2015 by the said court to accept the said report.
B. On January 16, 2015, the Defendant had a claim against the Deceased for the purchase of goods. On August 26, 2015, the Defendant filed a lawsuit against the Plaintiffs, the deceased’s heir, and received a favorable judgment (hereinafter “instant judgment”) from the Seoul Central District Court Decision 2015 Ghana135936, that “A shall pay to the White Drugs Co., Ltd. the amount of KRW 1,537,407, B, C, and D, each of which was KRW 1,024,938, and the amount of money calculated at a rate of 20% per annum from January 2, 2015 to June 5, 2015, and from the following day to the date of full payment.”
The Plaintiffs did not assert the fact of qualified acceptance in the above lawsuit, and the instant judgment became final and conclusive on September 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The limitation of liability by qualified acceptance does not relate to the determination of the existence and scope of an inherited obligation, but is only limited to the scope of inherited property, thereby limiting the executory power of the judgment.
In particular, in a lawsuit brought by an obligee against an inheritor who succeeded to a monetary obligation of an inheritee seeking the performance of the inherited obligation, the scope of liability does not appear as a subject of a practical adjudication, and thus, the scope of liability does not appear as a subject of a practical adjudication, and thus, it does not affect the res judicata effect.
Therefore, even if the debtor makes a qualified acceptance, it is desirable that the creditor does not assert the fact by the time the fact-finding proceedings are closed.