1. The order for payment in the Daegu District Court Decision 201Hu1942 was issued between D Co., Ltd and the Defendant.

Facts of recognition

D Co., Ltd. (hereinafter “Nonindicted Company”) received a payment order stating that “the Defendant shall pay to Nonparty Company KRW 3,053,800 and the amount calculated at the rate of KRW 5% per annum from January 13, 2011 to the service date of the authentic copy of the payment order, and 20% per annum from the next day to the day of complete payment” (hereinafter “instant payment order”; and the said payment order was served to the Defendant on June 1, 201, and became final and conclusive on June 16, 2011.

The instant claim against the Defendant of the non-party company was transferred to the Plaintiff on July 19, 2019, but the notice of transfer was not served on the Defendant.

The plaintiff was delegated with the authority to send the notification of transfer from the non-party company, and the complaint of this case attached with the notification of transfer of transfer was served on the defendant on December 20, 2019.

[Ground of recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings are acknowledged. The plaintiff is the successor to the claim of this case based on the payment order of this case. Thus, a junior administrative officer, etc. of the Daegu District Court shall grant the execution clause of succession to the plaintiff for compulsory execution against the defendant.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all participating Justices.