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1. The Defendant’s compulsory execution against the Plaintiff based on the payment order in the Gwangju District Court 2013 tea829 case is denied.
Reasons
1. Facts of recognition;
A. 1) C Co., Ltd. (hereinafter “C”) (hereinafter “C”) with respect to the instant payment order
(2) On January 24, 2013, the Gwangju District Court ordered C to pay 5% per annum from October 1, 2012 to January 30, 2013, and 20% per annum from the next day to the day of full payment.” The above payment order was finalized on February 14, 2013.
(3) The Defendant filed an application with the Daejeon District Court of Sejong Special Self-Governing City for a payment order for the purchase of goods with the Daejeon District Court Decision 2013 tea133, and the payment order issued on April 10, 2013 became final and conclusive on June 18, 2013. 4) Based on the payment order issued on the Sejong Special Self-Governing City Court Decision 2013Da16496, the Defendant filed an application for a seizure and collection order for the claim against the Plaintiff against the Plaintiff under the Gwangju District Court Decision 2013Da16496, based on the payment order issued on the Sejong Special Self-Governing City Court Decision 2013Da16496, Oct. 8, 2013.
5) On July 16, 2018, the Defendant, based on the grounds for succession to the claim attachment and collection order (Seoul District Court 2013TTTT 2013TT 16496), was granted an execution clause for succession to the payment order (2013j829) with the Gwangju District Court. (b) On March 12, 2013, C entered into a contract with D Co., Ltd (hereinafter “D”) to transfer C’s claim for the purchase price of goods to D.
2 In the attached list of the assignment contract prepared between C and D, the amount of the claim to be transferred is stated as "24,320,000 won", and in the remarks column, the remarks column includes "the request for seizure and collection order from the main transaction bank".
3 On March 29, 2013, C sent a content-certified mail notifying the Plaintiff of the transfer of the claim for the price of goods, and the above content-certified mail on March 29, 2013.