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(영문) 대구지방법원 2019.11.07 2019가단128610
청구이의
Text

1. The original of the judgment rendered by the Defendant against the Plaintiff in Daegu District Court No. 2018 Ghana31539 is an executory exemplification of the cost of goods.

Reasons

1. The Plaintiff asserts that the cause of the Plaintiff’s claim is as follows. A. The Plaintiff asserts as follows.

On October 25, 2018, upon the death of the deceased C, the plaintiff, the heir of the deceased, and Dong C reported the qualified acceptance to the Incheon Family Court and received the adjudication on the inheritance limited acceptance by the above court as of November 7, 2018.

B. The Defendant asserted that the net C’s debt will be repaid, and was sentenced to partial winning of the Plaintiff in the case of the price for the goods brought against the Plaintiff and D, the inheritor (Seoul District Court 2018Ga Office 31539).

The content is that “Plaintiff and D shall pay 8,500,000 won each within the scope of the property inherited from the deceased C and 15% per annum from November 21, 2018 to the day of complete payment.”

The above judgment was finalized on May 30, 2018.

C. On July 5, 2019, based on the original copy of the judgment in the loan case No. 2018Gau31539, the Defendant issued a collection order on July 5, 2019, based on the attached attachment and collection claim description No. 2019 Tai6811, the Seoul Southern District Court issued a seizure and collection order on the claims by the third obligor as stated in the attached attachment and collection claim description.

The Plaintiff is liable to repay the Defendant’s obligation within the scope of the property inherited from the deceased. However, according to the Incheon Family Court’s 2018-Madan2896’s 2896 inheritance approval order, the Plaintiff’s active property inherited from Nonparty Ma C reaches KRW 6,983,430, or negative property KRW 243,098,523, or KRW 6,997,900, which was paid out from Nonparty Ma’s positive property for funeral expenses. As such, the inheritance property is not transferred.

may be seen.

E. Based on the attachment and collection order of the Seoul Southern District Court 2019TTTT 2011, the claims indicated in the details of the third obligor claims indicated in the attachment and collection claim indicated in the attachment and collection claim indicated by the Defendant (the Plaintiff’s deposit claims against F and E Co., Ltd.) are not included in inherited property.

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