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(영문) 의정부지방법원연천군법원 2019.09.05 2018가단10026
집행문 부여의 소
Text

1. Loans between C and the Defendant are loans extended by Jincheon-gun District Court Decision 2014 tea360.

Reasons

The facts alleged by the plaintiff are as follows 1, 2:

① A Co., Ltd. had a claim against the Defendant based on the payment order for the loan case 2014Gucheon-gun District Court, 2014Hacheon-gun, 360, but on October 12, 2015, the Company transferred all the claim against the Defendant to the Plaintiff and granted the Plaintiff the authority to notify the transfer.

② The Plaintiff shall notify the Defendant of the above assignment of claims by serving a duplicate of the instant complaint.

The defendant was served with a complaint stating the above contents on January 7, 2019, and did not appear in this court even after receiving a summons for the date of pleading. Thus, the defendant is deemed to have led to the confession of the above facts pursuant to Article 150 of the Civil Procedure Act.

Therefore, the claim based on the payment order in the above company's loan case against the defendant was legally transferred to the plaintiff. The plaintiff has the right to receive the execution clause succeeded to the above payment order pursuant to Article 31 (1) of the Civil Execution Act.

Therefore, the plaintiff's claim is justified, and the burden of litigation cost is decided as per Disposition by applying Article 98 of the Civil Procedure Act.

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