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(영문) 의정부지방법원가평군법원 2019.05.23 2019가단10003
집행문부여의 소
Text

1. Loan cases between C Co. and the Defendant are loans extended by the District Court of Pyeongtaek-gun, 2017 tea160.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the overall purport of pleadings, C Co., Ltd. (hereinafter “Nonindicted Company”) filed an application against the Defendant for a payment order against the Defendant for a loan payment under the Eunpyeong-gun District Court Decision 2017Hu160, Apr. 6, 2017. “Defendant shall pay to the Nonparty Company the amount of KRW 13,04,590 and KRW 12,464,464 per annum from April 4, 2017 to the day of full payment.” The payment order (hereinafter “instant payment order”) was finalized on August 24, 2017, and the Nonparty Company may request the Defendant to transfer the above claim against the Defendant on which the notice of assignment of the claim was issued to the Plaintiff on September 13, 2018, and the Plaintiff may request the Defendant to deliver the notice of assignment of the claim to the Plaintiff on which the Plaintiff sought succession of the assignment of the claim was given.

According to the above facts, the plaintiff is the successor to the claim based on the payment order of this case. Thus, the court below's provisional court officials, etc. are obligated to grant the execution clause to the plaintiff, who is the successor to the non-party company, to enforce compulsory execution against the defendant based on the payment order of this case.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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