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(영문) 서울중앙지방법원 2020.10.16 2020가단5122539

집행문부여의 소

Text

1. As to the payment order for the loan case between D Co., Ltd and the Defendant, the Seoul Central District Court 2018 tea 9521.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. According to the overall purport of evidence Nos. 3 and 4 of the Reasons for Partial Termination of Claims A and the argument, the Plaintiff can recognize that only the amount of claims falling under the amount set forth in Paragraph (1) of the Disposition out of the claims based on the payment order set forth in Paragraph (1) of the Disposition No. 1 [the claims for the above payment order (the loans, Sept. 2, 2017) are transferred from D Co., Ltd. (the principal amount of KRW 7,015,610 as of March 7, 2018, the principal amount of KRW 493,026 as of March 7, 2018), and that the Plaintiff’s claim exceeding the above recognized scope

Where it is recognized that there exists an executory power only for the part of the plaintiff's claim seeking a grant of execution clause in a lawsuit for granting execution clause, the court shall order to grant execution clause, specifying the scope within which compulsory execution can be granted only for the part bearing executory power, among the claims indicated in the executive title.

(See Supreme Court Decision 2009Da18045 Decided June 11, 2009).