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(영문) 서울동부지방법원 2019.12.12 2019가단139980
집행문부여의 소
Text

1. The Seoul Eastern District Court 201Gadan49340 (hereinafter “Seoul Eastern District Court”)’s executory power between the non-party E limited company and the defendant.

Reasons

1. Facts of recognition;

A. On September 9, 2011, the non-party E limited liability company (hereinafter “non-party E limited liability company”) filed a lawsuit against the defendant with the Seoul East Eastern District Court 201Kadan49340, and decided on September 9, 201, that “the defendant shall pay to the plaintiff 161,505,000 won and 70,000 won among them, interest rate of 19% per annum from March 5, 2011 to August 31, 201, and interest rate of 20% per annum from the next day to the date of full payment” (hereinafter “the judgment of this case”). The judgment became final and conclusive around that time by imposing the period of appeal.

(2) The judgment of this case was also served on the defendant).

On July 15, 2013, Nonparty Company transferred to the Plaintiff the claim for the amount of acquisition based on the instant judgment.

C. On June 28, 2019, the Plaintiff received a delegation from a non-party company to notify the Defendant of the assignment of claims, and notified the Defendant of the assignment of claims, but the said notification was not served on the Defendant.

As the plaintiff did not receive an execution clause to succeed to the judgment of this case due to the impossibility of serving the notice of assignment of claims, the plaintiff expressed his/her intention to notify the above assignment of claims as a service of the complaint of this case, and the warden of this case served the defendant on July 24, 2019.

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

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the plaintiff received the claim for the amount of money transferred from the non-party company after the closing of argument, a junior administrative officer, etc. of the Seoul Eastern District Court shall grant the execution clause to the plaintiff for compulsory execution against the defendant.

B. The Defendant’s assertion that the Defendant did not notify the Defendant of the assignment of the first assignment of claims, and thus, the Plaintiff’s claim.

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