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1. The defendant's order for payment against the plaintiff A of the Goyang-si District Court of Goyang-si, 2009Da1561 was the plaintiff.
Reasons
1. Facts of recognition;
A. Plaintiff A is the spouse of the network E, and Plaintiff B and C are children of the network E.
B. The Defendant applied for a payment order against D Co., Ltd. (hereinafter “D”) on August 3, 2009 (hereinafter “D”), the Plaintiff, and the network E for the payment of the goods price and rent. On August 6, 2009, the Defendant applied for the payment order for D’s payment order for the goods price and rent (hereinafter “Defendant”; D’s payment order for the goods price of KRW 334,895,691 (i.e., KRW 293,55,823, KRW 41,39,868) (i.e., KRW 293,55,823, KRW 29,868, and KRW 41,39,868, and KRW 200 per annum from the day following the date of delivery of the application for the payment order to the day of full payment) was made jointly and severally with D and jointly with D, and the payment order for the goods payment order was finalized by the District Court of the Republic of Korea (hereinafter “Seoul High Court of Korea”).
C. The deceased E died on November 1, 2013, and the Plaintiffs, who are co-inheritors, reported the qualified acceptance to the Seoul Family Court on July 13, 2015, and the said court accepted it on October 22, 2015.
Seoul Family Court (Seoul Family Court Decision 2015Ra30843). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.
2. The plaintiffs' assertion
A. Of the instant payment order of the Plaintiffs, the part against Plaintiff A was merely a joint and several surety for Plaintiff A’s goods payment obligation against the Defendant, and Plaintiff A did not have jointly and severally guaranteed Plaintiff A’s goods payment obligation as above. Of the instant payment order, the part against the deceased E was on the ground of “the network E’s rent obligation of 41,339,868 won for Defendant D’s Defendant,” and the remaining rent obligations against the Defendant jointly and severally guaranteed by the network E were merely KRW 14,234,89, and the Plaintiffs, the co-inheritors, after the deceased of the network E, reported a qualified acceptance.
Therefore, the part against the plaintiffs in the payment order of this case is invalid, and compulsory execution should not be denied.
B. The defendant is the defendant D.