1. On June 5, 2013, the Seoul Central District Court 2013 tea 3038 against the Defendant’s net C in relation to the payment order for loans.

1. Basic facts

A. On February 1, 2013, the Defendant applied for a payment order against the network C (hereinafter “the network”) with the Seoul Central District Court Decision 2013 tea3038, and issued a payment order stating that “the network is 5% per annum from December 16, 2011 to the service date of the authentic copy of the payment order, and 20% per annum from the next day to the day of complete payment” (hereinafter “instant payment order”). The above payment order was served on February 7, 2013 and finalized on February 22, 2013.

B. On March 29, 2013, the Deceased died, and the Plaintiff, an inheritor, as his/her offspring, was adjudicated from the said court on June 13, 2013 by filing a report on qualified acceptance with the Ulsan District Court 2013-Ma628.

Since then, the Plaintiff filed an application for a correction of adjudication with the Ulsan District Court 2014 businessz.176 to add claims against the deceased’s defendant on a small property among the inherited property list, and received a decision of correction from the above court on September 17, 2014 to correct the list of inherited property of the trial on the qualified acceptance case as above.

C. On June 5, 2013, the Defendant applied for grant of succession execution clause against the instant payment order, and received the succeeding execution clause against the Plaintiff, the deceased’s inheritor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, compulsory execution based on the execution clause of succession against the Plaintiff, which was received on June 5, 2013 regarding the instant payment order, should be allowed only within the scope of the Plaintiff’s inherited property from the deceased, and the exceeding portion should be dismissed.

B. The defendant asserted that the plaintiff received the insurance money of the deceased after the death of the deceased, and therefore, Article 1026 subparagraph 1 or 3 of the Civil Act is applicable.