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1. The Seoul Central District Court 2012da7752 acquired money between E and the Defendants shall have the executory power.
Reasons
1. Facts of recognition;
A. On June 20, 2012, E Co., Ltd. (hereinafter “Nonindicted Company”) filed a lawsuit against the Defendants with Seoul Central District Court Decision 2012Da77752, and on June 20, 2012, the said court rendered a judgment that “The Defendants jointly and severally paid to the Nonparty Company KRW 192,446,575 and the amount of KRW 50,000,000 per annum from March 20, 2012 to the date of full payment, and Defendant D shall pay the amount of KRW 19% per annum from March 20, 2012 to the date of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive thereafter.
B. On February 17, 2015, Nonparty Company: (a) transferred to F Co., Ltd. the receivables based on the instant judgment; and (b) notified the Defendants of the assignment of the said receivables on April 17, 2015; but (c) did not reach the Defendants.
C. On February 27, 2019, F Co., Ltd.: (a) transferred the obligation to the Plaintiff based on the instant judgment; and (b) on December 15, 2019, the Plaintiff, who was delegated by F with the authority to notify the transfer, notified the Defendants of the assignment of the obligation.
The plaintiff did not receive an execution clause for succession to the judgment of this case due to the impossibility of being served with the notice of assignment of claims, and expressed his intention to notify the above assignment of claims as a service of the complaint of this case, and the warden of this case served the defendants on February 6, 2020 and March 19, 2020.
【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4, Gap's 5-1 through 3, and the purport of whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, since the Plaintiff received the claim for the amount of money transferred from the non-party company after the closing of argument, the Seoul Central District Court shall grant the execution clause to the Plaintiff for compulsory execution against the Defendants.
(b).