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1. Compulsory execution against the Defendant based on the Incheon District Court Decision 201Da15947 Decided December 9, 201, against the Plaintiffs is enforced.
Reasons
1. Facts of recognition;
A. The Plaintiffs are the inheritors of D who died on June 25, 2004 (hereinafter “the deceased”).
B. On December 9, 2011, the Defendant filed a lawsuit against the Plaintiffs seeking inheritance debts of the deceased’s credit card use price and damages for delay thereof, and rendered a judgment with the Incheon District Court Decision 201Da159447, supra (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.
-A-Defendant, the Plaintiff A shall pay 8,248,560 won and 2,846,834 won among them, and the Plaintiff B and C shall pay 4,124,280 won and 1,423,417 won, respectively, with 20% interest per annum from December 2, 2011 to the date of full payment.
C. On September 16, 2014, the Plaintiffs reported the inheritance limited acceptance by Suwon District Court 2014Ra2162 as the deceased’s heir. On October 23, 2014, the Plaintiffs received an adjudication on the acceptance of the said qualified acceptance by the said court (hereinafter “instant qualified acceptance”).
【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 4, 6, and 7, the purport of the whole pleadings and arguments
2. Determination as to the cause of claim
A. The key points of the parties’ assertion are not aware of the fact that the deceased’s inheritance liability exceeds the inherited property without gross negligence.
On June 19, 2014, the Defendant’s execution of the seizure of corporeal movables was conducted by the Defendant, and only by recognizing the existence of the judgment debt and reporting a special fixed acceptance within three months thereafter, the qualified acceptance of this case is valid. Therefore, the Plaintiffs asserted that compulsory execution based on the judgment of this case should be dismissed only for the portion exceeding the scope of the property inherited from the deceased.
On May 22, 2014, the Defendant received from the Defendant a notice of notification and text messages giving an advance notice of compulsory execution based on the judgment of this case and became aware that the inheritance obligation exceeds the inherited property. As such, the instant qualified acceptance is made.