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(영문) 부산지방법원 2015.06.02 2014가단88525
청구이의
Text

1. The defendant's order for the payment of the goods price case No. 2013 tea6861 against the defendant's non-party deceased C was due to Busan District Court's order for payment.

Reasons

1. Basic facts

A. On April 18, 2013, the Defendant asserted that the Plaintiff’s claim for the payment of KRW 15,936,000 against the Plaintiff, and filed an application for payment order with the Busan District Court No. 2013 tea6861. On April 18, 2013, the Defendant received the payment order from the above court that “C shall pay to the Defendant the amount of KRW 15,936,00 and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment.” The above order was finalized on May 17, 2013.

B. C died on April 22, 2014. On June 9, 2014, the Plaintiff, the inheritor of C, filed an application for a judgment on limited acceptance of inheritance with the Busan District Court 2014-Ma1904, which was handed down on July 17, 2014.

[Ground of Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including a tentative number), whole pleadings

2. According to the above facts of the judgment on the cause of the claim, since the plaintiff made a qualified acceptance on the deceased C's inheritance, compulsory execution based on the above payment order shall be limited to the scope of the plaintiff's inherited property from the deceased C, and compulsory execution in excess thereof shall be dismissed.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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