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1. The Defendant’s judgment against the Plaintiff (Appointed Party) based on the original copy of the judgment in the medical expenses case No. 2018 Ghana60164.
Reasons
1. Basic facts
(a) The Selection E shall be the spouse of the network D (F) and the Plaintiff (Appointed Party) A and the Selection G shall be all the children of D.
B. From June 30, 2014 to January 19, 2015, D received hospitalized treatment at H Hospital operated by the Defendant. In order to seek reimbursement of D’s medical expenses, the Defendant filed a lawsuit claiming payment of medical expenses against the Plaintiff (Appointed Party) who is his heir and the designated parties under Jeju District Court 2018 Ghana60164, and on June 1, 2018, the judgment ordering the appointed parties to jointly and severally pay KRW 3,435,240, and the Plaintiff (Appointed Party) to pay either KRW 981,497 among them, was finalized at that time.
(hereinafter referred to as the “prior Judgment”) C.
After the death of D, the Plaintiff (Appointed Party) and the designated parties filed a petition for adjudication on the limited recognition of inheritance with the Jeju District Court 2018-Ma10125, and the report was accepted on August 23, 2018, and on September 3, 2018, publicly announced this fact in the newspaper.
【Ground of recognition】 The fact that there is no dispute, Gap 1-1, 1-2, 2, 3-1, and 3-2, the purport of the whole pleadings and arguments
2. The gist of the Plaintiff’s assertion is that the Plaintiff (Appointed Party) and the designated parties are liable to pay D’s medical expenses to the Defendant only within the scope of the property inherited from D according to the qualified acceptance judgment. Since the Plaintiff (Appointed Party) and the designated parties did not inherit any property from D, compulsory execution based on the prior judgment of this case should be denied.
3. According to the evidence evidence Nos. 1-2 and 3-1, the Defendant’s claim for medical expenses against D is KRW 3,435,240. The Selection G is the Selection G on June 30, 2014, and the Selection E is the joint and several surety for the Defendant’s payment obligation for medical expenses against the Defendant on January 19, 2015. The Defendant is the joint and several surety for the Selection G and E in the causes of the claim No. 2018Da60164, the Jeju District Court 2018, the preceding case, and for the Selection G and E, 3,435,240, the total amount of the medical expenses as the joint and several surety obligor, and for the Plaintiff (Appointed Party).