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(영문) 서울남부지방법원 2020.09.23 2020가단217025
집행문부여의 소
Text

C With respect to the decision on the loans case No. 2014 Ghana63221 between the Seoul Southern District Court and the defendant.

Reasons

1. Facts of recognition;

A. On January 23, 2015, C Co., Ltd. was sentenced to a judgment against the Defendant, Seoul Southern District Court 2014da632221, and 3,082,171 as to KRW 3,357,987 as Seoul Southern District Court and its 3,082,171 as to KRW 29% per annum from August 23, 2014 to the date of full payment. The above judgment became final and conclusive on February 18, 2015.

B. On September 13, 2018, the Plaintiff acquired the claim for the said judgment amount from C Co., Ltd., and around February 17, 2020, notified the Defendant of the assignment of the claim upon delegation of the power of transfer notification from C Co., Ltd., but the said notification was not delivered.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings

2. Determination as to the cause of action

(a) Article 31 (Execution Clause) (1) of the Civil Execution Act of the relevant provisions may be granted for the execution of a debtor's successor to the creditor indicated in the judgment or indicated in the judgment.

provided that the succession is obvious to the court or certified by a certificate.

(2) When the succession under paragraph (1) is obvious fact to the court, it shall be entered in the execution clause.

When the verification required under the provisions of Articles 30 (2) and 31 is impossible to be made, the creditor may file a lawsuit requesting a grant of the execution clause with the court of first instance.

B. According to the above facts of recognition, the Plaintiff sent a notice of assignment of claims to the Defendant by content-certified mail on behalf of C corporation according to the authority delegated after the Plaintiff acquired the above judgment claim from C corporation, but the above notice of assignment of claims was not delivered to the Defendant due to the Defendant’s absence of closure.

However, the plaintiff did not receive the succession execution clause on the ground of the failure of the notification of assignment of claims from the above court, and in such a case, Article 31 of the Civil Execution Act is applied in accordance with Article 33 of the same Act.

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