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1. The Seoul Eastern District Court 2010 Ghana55149 (hereinafter referred to as the “Seoul Eastern District Court”) between Nonparty D and the Defendant has executory power over the case.
Reasons
1. Basic facts
A. A. A limited liability company D (hereinafter “D”) filed a lawsuit against the Defendant by Seoul Eastern District Court No. 2010 Ghana55149, Jul. 22, 2010, the said court rendered a judgment that “the Defendant shall pay D 19,084,834 won, and 11,148,638 won among them, 10% per annum from November 17, 2009 to June 24, 2010, and 20% per annum from the next day to the date of full payment.” The said judgment was finalized on August 14, 2010.
B. The Plaintiff acquired the claim from D and notified the Defendant of the assignment of the claim, but the notification was not delivered to the Defendant.
C. The Plaintiff filed an application with the Seoul Eastern District Court for the assignment clause against the above judgment, but was rejected on the ground that the assignment notification was not delivered as above.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination as to the cause of the claim, the plaintiff is a successor to the above claim. Thus, the Seoul Eastern District Court, etc. has a duty to grant the plaintiff a successor execution clause to the plaintiff who is a successor to D in order to have the plaintiff enforce compulsory execution against the defendant based on the above final judgment.
B. As to the judgment on the Defendant’s assertion, the Defendant asserts that the Defendant cannot respond to the Plaintiff’s claim since the extinctive prescription period for the original claim that the Plaintiff acquired has already expired, so it is limited only to the fulfillment of the conditions or the existence of the succession of the conditions in the lawsuit for granting the succeeding execution clause, and it is not permissible to simply assert the grounds for objection regarding the claim in the lawsuit for granting the succeeding execution clause without filing a claim objection objection, and thus, the Defendant’s assertion is difficult to accept
In addition, the above judgment becomes final and conclusive on August 14, 2010.