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(영문) 서울중앙지방법원 2020.12.10 2020가단5190563
집행문부여의 소
Text

1. The Seoul Central District Court 2014Gaso601748 (No. 201748) has executory power over the claim amount between C and the Defendant.

Reasons

Grounds of Claim

A. C Co., Ltd. had a claim based on a judgment with executory power over the claim amount case No. 2014 Ghana601748 against the Defendant.

B. On July 19, 2019, after the closure of pleadings at the fact-finding court, the Plaintiff received the assignment of the claim from C Co., Ltd. through a contract, and notified the Defendant of the transfer of the claim after concluding the transfer contract.

C. However, since the notice of transfer of claims sent by the Plaintiff to the Defendant was not served on the Defendant, it was difficult for the Plaintiff to prove the above succession by a court under the proviso of Article 31(1) of the Civil Execution Act, or because it was difficult to prove the succession by a certificate, thereby obtaining an execution clause succession for the Plaintiff who is the successor of Nonparty C Co., Ltd.

2. In full view of the purport of the entire pleadings in each statement of evidence set forth in subparagraphs 1 through 4 above, the facts constituting the cause of the claim can be acknowledged.

3. The plaintiff's winning of the decision

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