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(영문) 서울서부지방법원 2019.10.30 2019가단232980
집행문부여의 소
Text

1. The Seoul Western District Court 2015 tea 23334 case among the Defendant and D Co., Ltd. is an executory payment order.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) filed a payment order against the Defendant with the Seoul Western District Court Decision 2015 tea2334, supra, on April 30, 2015, the said court issued a payment order to the effect that “the Defendant shall pay to D 19,665,604 won and 6,219,291 won among them at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment,” and the said payment order was finalized on July 9, 2015.

B. Around February 27, 2019, D entered into a contract to sell a large number of claims, including claims based on the above payment order, to the Plaintiff.

C. The Plaintiff was delegated the authority to notify the Defendant of the assignment of claims according to the determination of the above contract for the sale of claims, and did not deliver the notification to the Defendant.

The plaintiff applied for the grant of the succeeding execution clause to the defendant to the Seoul Western District Court, but the succeeding execution clause is not granted on the ground that the notice of assignment of claims was not delivered as above.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, a junior administrative officer, etc. of the Seoul Western District Court 2015Hu23334 against the payment order of the receipt money in the Seoul Western District Court 2015Hu2334 between the defendant and D should grant the succeeding execution clause to the plaintiff who is the successor of D for compulsory execution against the defendant.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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