집행문부여의 소
1. As to the payment order of the Seoul Central District Court 2019 tea321566 case between D Co. and the Defendant.
1. The non-party D corporation indicating the claim has a claim against the defendant (B) on the payment order of the Seoul Central District Court 2019 tea321566 case.
On July 19, 2019, after the conclusion of the fact-finding proceedings, the Plaintiff received the claim from Nonparty D Co., Ltd., which is the content of the above judgment, through a contract, and notified the Defendant of the transfer of the claim after entering into the transfer contract.
However, since a notice of assignment of claims sent by the Plaintiff to the Defendant is not served on the Defendant, the Plaintiff, as a result, was unable to prove the above succession by a court under the proviso of Article 31(1) of the Civil Execution Act, or because it was difficult to prove the succession by a certificate, thereby obtaining an execution clause of succession for the Plaintiff, a successor to the non-party D Co.
2. Applicable legal provisions: Article 208 (3) 2 of the Civil Procedure Act (a judgment made by deeming that the case is one);