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(영문) 서울중앙지방법원 2020.06.23 2019가단5231284
집행문부여의 소
Text

1. The payment order in the loan case between D Limited Company and the Defendant is the Seoul Central District Court 2014 tea 245672.

Reasons

1. Facts of recognition;

A. D Limited Liability Company (hereinafter “D”) received a payment order with the content that “the Defendant shall pay D 2,786,828 won and the amount calculated by the rate of 34.9% per annum from January 1, 2013 to the date of full payment” (hereinafter “instant payment order, and its claim”) and the said payment order was served on the Defendant on December 21, 2014 and finalized on January 6, 2015.

B. The instant claim against the Defendant against D was transferred to the Plaintiff on March 30, 2015, but the notice of transfer was not served on the Defendant.

C. The Plaintiff was delegated with the authority to send the notification of transfer from D, and the instant complaint attached with the notification of transfer was served to the Defendant on October 21, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is a successor to the loan claims based on the payment order of this case. Thus, the Seoul Central District Court shall grant the execution clause to the plaintiff for compulsory execution against the defendant.

3. If so, the plaintiff's claim of this case is justified.

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