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(영문) 서울중앙지방법원 2020.11.27 2020가단5201852

집행문부여의 소

Text

1. As to the Seoul Central District Court case No. 2014 Ghana5205611 between D Co. and the Defendant, the decision is made.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) filed a lawsuit against the Defendant with the Seoul Central District Court 2014da5205611 (hereinafter “Seoul Central District Court”). On July 18, 2014, the said court rendered a judgment that “The Defendant shall pay to D 24.5% per annum for KRW 19% per annum for KRW 43,740,101 and for KRW 1,260,490 from December 3, 2013 to the date of full payment, from December 3, 2013 to the date of full payment.” The said judgment became final and conclusive around that time.

(hereinafter “the final judgment of this case”). (b)

D On February 17, 2015, upon entering into a contract to sell claims against the Defendant to E Co., Ltd. (hereinafter “E”) based on the final judgment of the instant case, and on May 20, 2015, notified the Defendant of the assignment of claims as above by content-certified mail.

C. After that, on February 27, 2019, E entered into a contract to sell to the Plaintiff the claim against the Defendant based on the instant final judgment.

On April 30, 2019, E sent the above fact of assignment to the Defendant by content-certified mail, but the above notification of assignment of claims did not arrive, and the copy of the complaint of this case stating the above fact of assignment of claims thereafter delivered to the Defendant on August 9, 2020.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the Plaintiff acquired the claim against the Defendant prior to the transfer of the claim against D based on the final judgment of this case after the date of closing argument of the final judgment of this case, a junior administrative officer, etc. of the Seoul Central District Court shall grant the execution clause to the Plaintiff for compulsory execution against the Defendant.

3. The defendant's assertion is based on the compulsory execution against the defendant D.