(영문) 서울중앙지방법원 2020.04.24 2019가단5176325

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(영문) 서울중앙지방법원 2020.04.24 2019가단5176325

청구이의

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1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. In around 2004, the Defendant issued a surety insurance policy with the insurance period from December 22, 2004 to December 21, 2005 so that the network D (hereinafter “the deceased”) may obtain a loan from a financial institution for the stabilization of livelihood. As the deceased did not repay the loan, on August 5, 2005, the Defendant paid insurance money to a financial institution and filed a lawsuit claiming the amount of indemnity against the Plaintiffs and E, who are the deceased’s heir, by public notice.

B. In order to extend the prescription period of the above claim for indemnity, the Defendant filed a lawsuit for the claim for indemnity amount of 2018da18410 with the Seoul Central District Court and obtained a judgment by service again on June 28, 2018, and the said judgment became final and conclusive as it is.

C. The Deceased died on May 24, 2005, and the Plaintiffs reported the inheritance limited recognition as the Family Branch of Gwangju District Court Decision 2009Ra1491, and the report was accepted on January 11, 2010.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Since the plaintiffs' assertion made a qualified acceptance, compulsory execution based on each of the above judgments shall be dismissed.

3. Even in cases where a debtor has made a qualified acceptance but a judgment without reservation is rendered and made without claiming the scope of liability until the time the argument in the lawsuit brought by the creditor is closed at the trial court, it is permissible for the debtor to file a lawsuit of demurrer against the claim on the ground of the above qualified acceptance. The limitation of liability due to a qualified acceptance is limited to the scope of inherited property, regardless of the existence and scope of inherited property, thereby limiting the executory power of the judgment by limiting the subject of execution of the judgment to the extent of inherited property, and the debtor does not assert the fact of qualified acceptance in the lawsuit brought by the creditor against the inheritor who inherited his/

유사 판례

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