A. D Co., Ltd. (hereinafter “Nonindicted Company”) filed a lawsuit against the Defendant with the Seoul Central District Court Decision 2013Da5130543, Jun. 18, 2013, and received a judgment from the above court that “the Defendant shall pay to the Nonparty Company 5,561,704 won and 1,858,64 won among them at the rate of 20% per annum from June 16, 2013 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive on July 23, 2013.

B. On December 30, 2013, Nonparty Company transferred to the Plaintiff the claim for the amount of acquisition based on the instant judgment.

C. On April 25, 2017, the Plaintiff received a delegation from a non-party company to notify the Defendant of the assignment of claims, and notified the Defendant of the said assignment of claims, but the said notification was not served on the Defendant.

The plaintiff did not receive an execution clause for succession to the judgment of this case due to the impossibility of serving the notice of assignment of claims, and expressed his/her intention to notify the above assignment of claims as a service of the complaint of this case, and the warden of this case served the defendant on March 17, 2020.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleading

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, since the Plaintiff received the claim for the amount of money transferred from the non-party company after the closing of argument, 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.

B. The defendant's assertion asserts that prior to the payment order of this case, the claim of this case had already been extinguished due to the completion of extinctive prescription.

However, in a lawsuit for grant of execution clause, the subject of hearing is limited to the requirements for grant of execution clause, including the fulfillment of conditions and the fact of succession.