1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

ex officio, we examine the legitimacy of the instant lawsuit.

Article 5-2 of the Trial of Small Claims Act provides that, in a claim aimed at the payment of a certain amount of money, other substitutes or securities, a creditor shall not request only part of the claim in installments for the purpose of being subject to the Trial of Small Claims Act, and the lawsuit in violation of this provision shall be dismissed. It is reasonable to interpret that, in fact, even though the cause of the plaintiff's claim in the lawsuit is a claim under the substantive law, it is a claim the object of which is divisible payment, it shall not be separately removed from part of the above claim for the purpose of being subject to the Trial of Small Claims Act.

Therefore, the plaintiff asserts that the plaintiff's claim against D, the deceased, is KRW 409,579,038, and that the defendants who succeeded to the claim is liable to pay it in the lawsuit of this case. The lawsuit of this case is unlawful in violation of Article 5-2 of the Trial of Small Claims Act since it constitutes a case where only a part of the claim is claimed under the substantive law.

I would like to say.

Therefore, the lawsuit of this case shall be dismissed in an unlawful manner, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed in its entirety as it is without merit, and it is so decided as per Disposition.