beta
Text
The Plaintiff
A. As to Defendant A Co., Ltd. 41,775,980 won and 41,251,890 won among them:
B. Defendant C and D shall be the Defendant.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the facts in the separate sheet No. 41,75,980 won and 41,251,890 won among them are stated in the judgment of the court below, and the judgment of the court below in the prior sheet No. 1 and No. 1 and No. 3 as to the cause of the claim, the defendants C and D shall be jointly and severally with the defendant A to the Technology Credit Guarantee Fund, within the scope of property inherited from the non-party E, and the amount of 6,427,073 won and 6,346,44 won among the amount mentioned in the above paragraph No. 1 and No. 14% per annum from August 6, 2004 to Nov. 5, 2004, and 16% per annum from the next day to September 29, 2009.
2. The above Defendants asserted that, as to Defendant C and D’s assertion, they approved the inheritance limit on the inheritance of the network E, and they cannot respond to the Plaintiff’s claim on the ground that there is no active property inherited.
In light of the above, the court should render a judgment on the performance of the entire inheritance obligation, even if there is no inherited property or the inherited property is insufficient to repay the inherited obligation, as long as the qualified acceptance of inheritance is recognized even if the qualified acceptance of inheritance is recognized, since it is merely limited to the existence of the obligation, not to limit the existence of the obligation, but to limit the scope of the liability.
(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003). Therefore, the Defendants’ assertion is without merit.
However, since the above defendants' obligations have the nature of not being able to enforce compulsory execution against the defendants' proprietary property, the above defendants' inherited property shall be inherited property as stated in the order to limit the executory power.