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(영문) 서울중앙지방법원 2019.05.22 2019가단5022329
집행문부여의 소
Text

1. The payment order for the loan case between C and the Defendant is the Seoul Central District Court No. 2017Hu149016.

Reasons

1. If the purport of the entire argument is added to the statement in Gap evidence Nos. 1 and 5 as to the cause of the claim, C Co., Ltd. (hereinafter "C") filed an application against the defendant for a payment order against the defendant as Seoul Central District Court 2017 tea and 149016. On April 3, 2017, the above court issued the payment order (hereinafter "the instant payment order") against the defendant, ordering the defendant to pay damages for delay amounting to KRW 42,94,03 won and KRW 19,348,660, and around that time, the payment order of this case became final and conclusive, and C transferred the claim against the defendant to the plaintiff on December 1, 2017, and the plaintiff entrusted with the power to notify the transfer by C may recognize the fact that the transfer was notified to the defendant by the delivery of a duplicate of the complaint of this case.

According to the above facts, the plaintiff is the successor of C, who is the creditor of the payment order of this case. Thus, the junior administrative officer, etc. of this court shall grant the execution clause to the plaintiff for compulsory execution against the defendant pursuant to Article 31 (1) of the Civil Execution Act.

2. Judgment on the defendant's assertion

A. On this issue, the Defendant asserts that the Plaintiff’s claim for grant of execution clause of this case is unreasonable, since the Defendant rendered bankruptcy decision against the Defendant.

B. A lawsuit for grant of execution clause under Article 33 of the Civil Execution Act is a lawsuit seeking to grant execution clause by judgment by asserting and proving that, in cases where a creditor is unable to prove matters to be attested by a certificate in order to obtain execution clause, the creditor is not subject to the restriction on the method of proof and the executory power based on such a ground exists. A lawsuit for objection to a claim under Article 44 of the Civil Execution Act is a lawsuit excluding the executory power of executive titles on the ground that the debtor raises an objection against the claim indicated in the enforcement title.

As above, the Civil Execution Act raises objection against a suit for grant of execution clause.

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