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(영문) 서울중앙지방법원 2016.07.22 2016가단61175
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, the heir of the deceased F, filed a report on the inheritance limited recognition with the Suwon District Court Branch Branch 2014 Mad-Ma6877, when succeeding to the deceased F’s property, and the said report was accepted on September 22, 2014.

B. On October 29, 2014, the Defendant, a creditor of the networkF, filed a lawsuit against the Plaintiffs for a loan claim with the Seoul Central District Court Decision 2013Da518495, and on October 29, 2014, the Defendant rendered a judgment that “the Defendant shall pay to the Plaintiff 10,235,309 won each within the scope of the property inherited from the networkF, and the amount calculated by the rate of 44% per annum from November 18, 2013 to the day of full payment” (hereinafter “instant judgment”).

C. According to the instant judgment, the Defendant received a collection order and seizure of each of the claims against the Plaintiff A and C, the debtor, and the National Bank Co., Ltd. as the third debtor, as the Incheon District Court Decision 2016TT as the Incheon District Court Decision 2016TTTT 5047, and the third debtor, the Plaintiff E as the debtor, the Korean National Bank as the third debtor, the Cheongju District Court 2016TT 51009, and the third debtor as the debtor, the Cheongju District Court 2016TT 2016T 102052.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiffs asserted that the defendant's claim against the plaintiffs was extinguished due to the acceptance of the report of qualified acceptance, so compulsory execution cannot be conducted according to the judgment of this case.

However, the qualified acceptance is not to extinguish the obligation, but to limit the scope of the responsibility to the scope of the inherited property, and the purport of the qualified acceptance is already stated that it may be executed only within the scope of the inherited property in the text of the judgment of this case.

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