집행문 부여의 소
1. As to the original judgment in Seoul Western District Court Decision 2015 Ghana21582 between Co., Ltd and the Defendant.
In full view of the facts acknowledged according to Gap evidence Nos. 1 through 3 and the purport of the whole pleadings, the plaintiff is the successor of the corporation C. Thus, the Seoul Western District Court has the duty to grant the execution clause to the plaintiff who is the successor of the corporation C for compulsory execution against the defendant, except in extenuating circumstances.
The defendant did not have any obligation to repay to C with respect to the corporation
2. The ground for appeal pointing this out.
However, since the subject of examination in a lawsuit for granting the succeeding execution clause is limited only to the fulfillment of the conditions or the existence of the fact of succession, it is not acceptable to accept the defendant's assertion as a defense in the lawsuit for granting the succeeding execution clause without filing an objection to a claim or an appeal for subsequent completion.
The plaintiff's claim is justified and accepted.