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(영문) 대전지방법원금산군법원 2019.02.15 2018가단1012
집행문 부여의 소
Text

1. Nonparty D Co., Ltd and the Defendant have the executory power in this Court’s loan cases No. 2015Hu353.

Reasons

1. The claim indication D Co., Ltd. filed an application against the Defendant for a payment order under Paragraph 1 of the order, and the above payment order was served on January 11, 2016 to the Defendant and finalized on January 26, 2016.

On February 27, 2017, the Plaintiff acquired a claim against the Defendant against D Co., Ltd. and intended to notify the Defendant of the above transfer. However, the notice of transfer of claims sent by the Plaintiff was not served on the Defendant.

Since it does not fall under the case where the court prescribed in the proviso of Article 31(1) of the Civil Execution Act is evident fact or the succession is proved by a certificate, this lawsuit is filed in accordance with Article 33 of the Civil Execution Act.

2. Article 208 (3) 3 of the Civil Procedure Act:

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