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(영문) 서울중앙지방법원 2019.12.06 2019가단5241625
집행문부여의 소
Text

1. The payment order of the Seoul Central District Court 201Hu211985 between the non-party C Co. and the defendant is issued.

Reasons

1. According to the overall purport of Gap's statements and arguments as to the plaintiff's cause of action, the non-party C Co., Ltd. (hereinafter "non-party C Co., Ltd.") received the "claim under the monetary loan contract with the defendant" from the non-party D Co., Ltd. (the trade name was changed to E Co., Ltd., Aug. 1, 2014), and applied for a payment order against the defendant for the payment of the transfer money, etc. to the Seoul Central District Court 201Hu21985, and the above court notified the defendant of the above fact that "the defendant shall pay to the plaintiff 1,400,000 won and the amount calculated at the rate of 39% per annum from Jan. 26, 2011 to the day of full payment," and that the above payment order was delivered to the defendant on Oct. 29, 2012 to the non-party D Co., Ltd. (the above non-party 2, 2013).

According to the above facts, the plaintiff is the successor to whom the claim on the payment order was acquired from the non-party company, so this court administrative officer, etc. should grant the plaintiff the execution clause to the plaintiff for compulsory execution against the defendant.

2. The defendant's assertion was not proved by the fact that non-party D corporation, the original creditor, has a claim against the defendant, and that the non-party corporation received the above claim. Thus, the plaintiff's objection is against the defendant.

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