1. The Defendant’s decision on the loan case is based on this Court’s ruling on December 12, 2019 against the Plaintiffs.

1. Basic facts

A. On December 12, 2019, the Defendant filed a lawsuit against the Plaintiffs who succeeded to the net E’s loan obligation (2019 Ghana13149) with this court to seek payment of the above loan (hereinafter “the instant judgment”), and rendered a judgment that “the Defendant shall pay to the Defendant the amount calculated by the rate of 12% per annum from November 2, 2019 to the day of full payment, and from November 2, 2019, Plaintiff C shall pay the amount of KRW 9,085,714, and Plaintiff A and B shall pay the amount of money calculated by the rate of 12% per annum.” The instant judgment became final and conclusive thereafter.

B. On October 8, 2019, the Plaintiffs reported the waiver of inheritance to Plaintiff A and B, and Plaintiff C filed a qualified acceptance of inheritance, respectively. On February 10, 2020, the said court rendered a judgment accepting each of the above reports.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, compulsory execution based on the judgment of this case against the plaintiffs of this case shall not be permitted against plaintiffs A and B, unless there are special circumstances, and with respect to plaintiffs C, it shall not be permitted only to the part exceeding the scope of the property inherited from the network E.

B. As to this, the Defendant asserts that Plaintiff C shall not have the effect of approving the inheritance by concealing and omitting property, such as the purchase price of vehicles, which are inherited property, and shall perform the entire inheritance obligation with the statutory simple approval. However, the phrase “when the property is not entered on the property list by intention” under Article 1026 subparag. 3 of the Civil Act, which is the legal simple approval ground means that, in applying a qualified acceptance, the inheritance is concealed the inherited property and thereby would prejudice inheritance creditors (see Supreme Court Decision 2003Da30968, Nov. 14, 2003). The burden of proof of intention is against the party asserting it (see Supreme Court Decision 2004Da51740, May 26, 2005). The fact that Plaintiff C omitted part of the property on the property list upon reporting a qualified acceptance.