(영문) 광주지방법원장흥지원 2016.05.04 2016가단197

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(영문) 광주지방법원장흥지원 2016.05.04 2016가단197

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 21, 2005, the defendant filed a lawsuit against the plaintiff as the head of the Gwangju District Court Branch Branch of 2005Kadan238, and was sentenced on September 20, 2005 by the above court that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) 80 million won with 5% per annum from May 2, 2004 to March 2, 2005, and 20% per annum from the next day to the day of complete payment."

The above judgment was finalized on October 13, 2005.

B. The defendant is a family.

On October 2, 2015, for the interruption of extinctive prescription of a claim based on the judgment stated in the claim, the Plaintiff filed a lawsuit against the Gwangju District Court heading the Gwangju District Court Branching 2015Kadan1063, and on November 18, 2015, “The Defendant (the Plaintiff of this case) appears to be the Plaintiff (the Plaintiff of this case) as a clerical error in the “2004” on November 18, 2015, stating that “The Defendant (the Plaintiff of this case) would be the Plaintiff (the Plaintiff of this case) with the amount of KRW 80 million and the amount of KRW 20% per annum from May 2 to March 2, 2005, and the amount of money calculated at the rate of 5% per annum from the next day to the date of full payment” (hereinafter “the judgment of this case”).

(1) The judgment of this case was rendered on January 1, 2016. The judgment of this case became final and conclusive on January 1, 2016. The ground for recognition was without any dispute, Gap evidence 1, Eul evidence 1, and Eul evidence 2 (which has a serial number)

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that since he was judged to waive inheritance against the decedent C by the head of Gwangju District Court 98D80, he did not inherit his obligation to the defendant, and that there is no obligation based on the judgment of this case against the defendant of this case.

B. In a lawsuit seeking the performance of an inherited obligation against an inheritor who succeeded to an inheritee’s monetary obligation, the scope of liability does not appear as a subject of practical adjudication unless the obligor asserts the qualified acceptance.

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