1. The defendant's assignment of the defendant to the Daejeon District Court, Daejeon District Court, 2010No. 1438.

1. Basic facts

A. On June 1, 2010, the Defendant received a decision on performance recommendation against the Plaintiff to the effect that “the Plaintiff shall pay the Defendant the principal and interest of the loan of KRW 4,782,460, and damages for delay of KRW 1,987,504 among the principal and interest thereof,” and the decision on performance recommendation was finalized on July 27, 2010.

(hereinafter referred to as “instant decision on performance recommendation”). (b)

The Defendant transferred to D the principal and interest of the loan that served as the basis for the instant decision on performance recommendation.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. In a case where the claim on the title of execution in the judgment on the defense prior to the merits has been transferred and satisfies the requisite for setting up against the assignee, the standing to be the party to the execution is changed to the assignee, and the execution creditor is decided as the assignee according to the intention to obtain the succession execution clause. Thus, the execution power of the existing title against the transferor shall be extinguished

Therefore, a subsequent suit of objection filed against a transferor is unlawful as there is no benefit in the protection of rights by filing a lawsuit against a non-qualified person or seeking the exclusion of executive titles whose executive force has already been extinguished. This legal doctrine also applies to cases where compulsory execution can be conducted by the original copy of a written decision on performance recommendation without having to separately obtain an execution clause under Article 5-8(1) of the said Act, such as the final decision on performance recommendation under the Trial of Small Claims Act.

In case where a creditor who transfers a claim under an executive title takes the compulsory execution procedure based on the original of a written decision on performance recommendation extinguished, the debtor may contest it by the method of execution under Article 16 of the Civil Execution Act.

(See Supreme Court Decision 2005Da23889 Decided February 1, 2008). On the other hand, the claims in the original of the final decision on performance recommendation have been transferred, but the transferee has satisfied the requirements for setting up against the assignee.