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(영문) 서울중앙지방법원 2020.10.20 2020가단5173209
집행문부여의 소
Text

1. The Seoul Central District Court 2010 Ghana 182852 between D Limited Liability Company and the Defendant shall have the executory power to receive money.

Reasons

1. The facts, such as the statement in the attached Form of the judgment on the cause of the claim, do not conflict between the parties, or can be recognized by the statement in Gap evidence Nos. 1 through 4. Thus, the junior administrative officer, etc. of the Seoul Central District Court shall grant the execution clause to the plaintiff, who is the successor to the claims based on the judgment in the order,

2. Determination as to the defendant's assertion

A. The defendant asserts to the effect that the execution clause should not be granted to the plaintiff as to the judgment entered in the order because the bankruptcy and the case is currently pending in the process of immunity by filing an application for bankruptcy and exemption from liability with the Chuncheon District Court 219Do433, etc.

B. Determination 1) A lawsuit for granting an execution clause under Article 33 of the Civil Execution Act is filed for the purpose of obtaining an execution clause by judgment by asserting and proving that the creditor is unable to prove the matters to be proved by a certificate in order to obtain the execution clause, without being subject to the restriction on the method of proof, and the executory power based on such a reason exists. Thus, the subject of examination is whether the requirements for granting the execution clause, including the fulfillment of the conditions or the fact of succession. Therefore, the subject of examination is whether the granting of the execution clause are satisfied, as the agency granting the execution clause is not authorized to investigate and determine the substantive reasons such as the extinguishment, change, and limitation on the scope of responsibility indicated in the execution clause, and such substantive reasons are not allowed (see, e.g., Supreme Court Decision 2011Da93087, Apr. 3, 2012).2) The Defendant’s assertion that the instant claims indicated in the judgment on the main text, which is the executive title, are related to the substantive grounds, and this constitutes a lawsuit seeking objection to a claim.

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