1. The defendant's executive force against the plaintiff in the Daegu District Court Port Branch of the Daegu District Court on September 8, 2009 against the plaintiff in the claim for reimbursement No. 2009 tea3152.

1. Basic facts

A. The Plaintiff is the heir of C who died on February 15, 2001 (hereinafter “the deceased”).

B. On September 4, 2009, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of inheritance debts against the deceased under the Daegu District Court Branch Branch of Port Division 2009Guj3152, and the said court also filed the same month.

8. The Plaintiff issued an order for payment (hereinafter “instant payment order”) stating that “the Plaintiff shall pay the Defendant 3,698,224 won and the amount of 5% per annum from December 29, 2006 to the service date of the instant payment order, and 20% per annum from the next day to the day of full payment” (hereinafter “instant payment order”).

The above payment order was finalized on the 30th of the same month.

C. On December 22, 2014, the Plaintiff filed a report on the inheritance limited acceptance with the Daegu Family Court’s branch court support 2014Radan556, and on April 14, 2015, received a judgment on the acceptance of the above qualified acceptance (hereinafter “instant qualified acceptance”) from the said court.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserts that since the qualified acceptance of this case was received, the compulsory execution based on the payment order of this case should be denied.

As to this, the Defendant knew on September 15, 2009 that the Plaintiff served the original copy of the payment order of this case, and reported the qualified acceptance of this case more than three months since that time, the Plaintiff knew that the inheritance obligation exceeds the inherited property. Thus, the qualified acceptance of this case is invalid.

B. The inheritor shall make a qualified acceptance within three months from the time when he/she becomes aware of the commencement of inheritance: Provided, That if the inheritor does not know the fact that his/her liability exceeds his/her inherited property without gross negligence, a qualified acceptance may be made within three months from the time he/she becomes aware of such fact (Article 1019(3) of the Civil Act). No knowledge is made by gross negligence that

(b)" means;