집행문부여의 소
1. This Court's order for payment in loan cases between C limited liability company and the defendant is the same as the payment order in this Court.
1. Determination on the cause of the claim
A. The facts of recognition (1) C Limited Company (hereinafter “Non-Party Company”) filed an application with the Defendant for a payment order seeking the payment of loans.
On December 7, 2015, the court issued a payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay to Nonparty Company KRW 2,836,037 and delay damages therefrom” (hereinafter “instant payment order”), which was served on the Defendant on January 28, 2016 and finalized on February 12, 2016.
(2) On October 16, 2019, Nonparty Company entered into an asset acquisition agreement with the Plaintiff (hereinafter “instant contract”) and transferred claims against the Defendant under the instant payment order to the Plaintiff.
(3) In the instant contract, the non-party company entrusted the Plaintiff with the authority to notify the assignment of claims, and on November 1, 2019, the non-party company notified the Defendant of the assignment of claims by indicating that the Plaintiff is an agent of the non-party company, but did not reach
(4) Accordingly, the Plaintiff filed a lawsuit to grant the instant execution clause, and on September 21, 2020, a duplicate of the instant complaint containing the purport of notifying the said assignment of claims with the authority delegated by the Nonparty Company, was served to the Defendant along with the said notification of the assignment of claims.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings
B. (1) The assignment notification is a notification of the concept of informing the transferor of the fact that the transferor transferred the claim to the obligor, and the provision on the vicarious performance of legal act is also applied mutatis mutandis to the notification of concept. Thus, the assignment notification of the assignment of the claim may not be made directly by the transferor, but by the transferor or by the agent, even if the transferor did not directly act, and in such case the transferee notified the transferor of the assignment as the
The provisions of Article 450 of the Civil Act are violated.