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(영문) 수원지방법원오산시법원 2019.11.28 2019가단160
집행문부여의 소
Text

1. The Suwon District Court Decision 2015Daso12008, U.S. 2015, U.S. 19 October 19, 2015.

Reasons

1. Indication of claim;

A. On October 19, 2015, the aforementioned court rendered a ruling to recommend reconciliation against the Defendant that “The Defendant shall pay C the amount of KRW 6 million up to November 20, 2015, which shall be calculated at the rate of 15% per annum from November 21, 2015 to the date of full payment, but if the implementation is delayed, the Defendant shall pay damages for delay calculated at the rate of 15% per annum from November 21, 2015,” and that C and the Defendant did not raise an objection against the said ruling to recommend reconciliation and became final and conclusive as it is.

B. On May 29, 2019, the Plaintiff received a claim based on the decision of recommending the settlement as above from C, and the notification of the assignment of the claim to the Defendant was given, but was not reached due to the absence of the text of the report.

C. The Plaintiff was notified by the Suwon District Court that the assignment of claims is impossible on the ground that the notification of the assignment of claims was not reached to the Defendant even though the Plaintiff applied for the grant of the inheritance execution clause to the above decision of recommending the settlement, and was caused by the instant lawsuit in order to obtain the execution clause for succession to the above decision of recommending the settlement.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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