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(영문) 서울중앙지방법원 2019.08.29 2019가단5049126
집행문부여의 소
Text

1. The payment order for the loan case between the defendant and C is issued by the Seoul Central District Court 2016 tea25162.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) received a payment order against the Defendant (hereinafter “instant payment order”) from the Seoul Central District Court (Seoul Central District Court Decision 2016Da25162, Dec. 9, 2010, for which the payment order was sought as of July 18, 2016 from the above court for KRW 4,961,980 and double KRW 4,757,560, for KRW 24% per annum from July 5, 2016 to the full payment order (hereinafter “instant payment order”). The instant payment order was finalized on August 9, 2016.

B. On June 16, 2017, the Plaintiff received a loan claim against the Defendant under the instant payment order from C.

C. The Plaintiff was delegated with the power to notify the assignment of claims by C, and notified the Defendant of the assignment of claims on February 21, 2018, but the said notification did not reach the Defendant.

In filing the instant lawsuit, the Plaintiff presented as evidence a certificate of assignment of claims between the Plaintiff and C (Evidence A 2) and a notice of assignment of claims (Evidence A 3) to the Defendant, and the Plaintiff’s complaint and the above evidence reached the Defendant on June 8, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserts that the execution clause should be granted to the plaintiff, the successor of C, because he received the claim under the payment order of this case from C, and the delivery of a copy of the complaint of this case in lieu of the notification of the transfer of the claim.

As to this, the defendant asserts that the execution clause shall not be granted since the plaintiff or C was not notified of the assignment of claims.

B. (1) According to the facts of recognition under Paragraph (1) of this Article, the Plaintiff may recognize that the Plaintiff was transferred the bonds indicated in the instant payment order to the Defendant by C.

(2) Notice of assignment of claims is given to the transferor to the debtor.

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