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(영문) 서울중앙지방법원 2015.11.24 2015가단127023
대여금
Text

1. Within the scope of the property inherited from the deceased C, to the Plaintiff:

A. Defendant A is 61,610,420 won and 60,000 among them.

Reasons

1. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 6, the facts are acknowledged as identical to the entries in the grounds of the revised claims. Thus, the defendants are obligated to pay the money stated in the claims within the scope of the property inherited from the deceased C

(2) The Plaintiff’s assertion that the Plaintiff’s claim should be dismissed on the grounds that the Defendants received an inheritance-limited acceptance judgment, but the qualified acceptance of inheritance does not limit the existence of the obligation, but is merely limited to the scope of liability. Thus, if the qualified acceptance of inheritance is recognized as the existence of the obligation, the court should render a judgment on the performance of the entire obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, inasmuch as the obligation of the inheritor’s inherent property has the nature of not being able to enforce compulsory execution, it is sufficient to clearly state that the Plaintiff’s claim can be executed only within the scope of inherited property in the text of the execution judgment to limit executory power.

(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003). Therefore, the Defendants’ assertion is without merit.

3. Therefore, we decide to accept the Plaintiff’s claim of this case.

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