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(영문) 창원지방법원진주지원 2019.04.05 2018가단32339
집행문 부여의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Where a person who has obtained the transfer of claims intends to obtain the execution clause as a successor, he/she shall verify the fact of notification or consent to the debtor who is a requisite for setting up against the debtor, and as long as the transferor of claims deems that no notification of the transfer of claims to the debtor that has been made has become effective,

(2) On April 7, 2015, the Plaintiff asserted that “F Co., Ltd. (hereinafter “F”) and the Defendant received a claim based on the above payment order from F on February 20, 2017, but filed the instant lawsuit on the grounds that the transfer notification was not served to the Defendant.”

3. Thus, the plaintiff's claim of this case is without merit, and it is dismissed. It is so decided as per Disposition.

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