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(영문) 인천지방법원 2020.12.03 2020가단238102
집행문부여의 소
Text

The defendant B of the Incheon District Court 2010Gaso234 loans and guaranteed debt loans between the defendants and D companies.

Reasons

1. Determination on the cause of the claim

A. (1) The facts of recognition (1) A Co., Ltd. (hereinafter “Nonindicted Company”) filed a lawsuit against the Defendants against the Incheon District Court 2010 Ghana234, and the said court rendered a decision on performance recommendation against the Defendant C (hereinafter “instant decision on performance recommendation”). The said decision on performance recommendation was delivered to the Defendant C on January 27, 2010, and became final and conclusive on February 11, 2010. On April 22, 2010, the said decision became final and conclusive.

(2) Claims against Defendant C and claims against Defendant B based on the decision on the instant performance recommendation made by Nonparty Company, following E and F Co., Ltd., G, H Co., Ltd., H Co., Ltd., I, I, and J Co., Ltd., the Plaintiff completed the final transfer on November 12, 2018.

(3) The Plaintiff was delegated with the power to notify the assignment of claims by the said J and notified the Defendants of the transfer of claims on January 8, 2019 and July 9, 2019, but did not reach the Defendants.

(4) The Plaintiff filed a lawsuit for granting the instant execution clause, and on September 21, 2020, a duplicate of the instant complaint containing the purport of notifying the said assignment of claims with the authority delegated by the J, as well as the notification of the said assignment of claims, was served respectively on Defendant B on June 29, 2020, and on July 20, 2020 to Defendant C.

[Ground of Recognition] Regarding Defendant B: The fact that there is no dispute against Defendant C, each entry (including additional numbers) in Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. According to the above facts of recognition, the plaintiff finally acquired the claim against the defendant C based on the decision on performance recommendation of the non-party company in this case and the claim against the defendant B based on the decision of this case, and the assignment of the claim was notified through the delivery of a duplicate of the complaint in this case to the defendants. Thus, the plaintiff is subject to the decision of this case's performance recommendation

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