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(영문) 서울중앙지방법원 2020.06.02 2019가단5270333
집행문부여의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that the plaintiff succeeded to the claim for the amount of money taken over from the non-party company before the conclusion of pleadings in the judgment stated in the claim, and sought the grant of the succeeding execution clause.

2. A final and conclusive judgment of the relevant provisions shall have effect on the parties, successors subsequent to a closure of pleadings ( successors subsequent to a pronouncement of judgment, in the case of a judgment without holding any pleadings), or persons possessing the object of claims on their behalf (Article 218 (1) of the Civil Procedure Act). When the judgment becomes effective on any person other than the parties indicated in such judgment, it may be executed against or for such person (main sentence of Article 25 (1) of the Civil Execution Act), and an execution clause may be granted for the execution on the successors of the creditors indicated in the judgment or for the successors of the debtors indicated

(Article 31(1) main text of the Civil Execution Act). Comprehensively taking account of the above provisions, in order to obtain succeeded execution clause with respect to a final and conclusive judgment which has undergone pleadings, the subject matter of lawsuit, etc. shall

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3, the following facts are acknowledged: ① the non-party company filed a lawsuit against the defendant (Seoul Central District Court 2018DaDa32890841, hereinafter “previous lawsuit”); ② the above court concluded the pleadings on January 17, 2019 and rendered a judgment for the same day for the claimant; the above judgment became final and conclusive around that time; ③ the non-party company transferred the above obligation to the plaintiff on November 30, 2018, prior to the closure of the pleadings.

According to the above relevant provisions and facts of recognition, since the plaintiff succeeded to the subject matter of a lawsuit prior to the closure of pleadings in the previous lawsuit, the plaintiff's assertion seeking the grant of succeeded execution clause on the premise that he/she falls under the successor

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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