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(영문) 서울동부지방법원 2019.11.20 2019가단106232
집행문부여의 소
Text

1. As to the Seoul Eastern District Court Decision 201No. 62091 (hereinafter “Seoul Eastern District Court”) between the limited company E and the Defendant, the ruling on the acquisition amount.

Reasons

1. Facts of recognition;

A. On October 17, 2011, a limited liability company E (hereinafter referred to as “foreign company E”) filed a lawsuit against Defendant and joint and several surety F, with the Seoul Eastern District Court Decision 201Gaso62091, which rendered a judgment that “Defendant and F shall jointly and severally pay to the non-party company 5,263,139 won and 2,618,401 won per annum from September 22, 2011 to the day of full payment.” The above judgment became final and conclusive at that time.

B. On July 15, 2013, the Plaintiff acquired the claim for the foregoing judgment from the non-party company, and issued the notice of transfer to the Defendant upon delegation by the non-party company’s authority to notify the transfer, but did not serve the notice.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of the claim, the Seoul East Eastern District Court Decision 201Gabu622091 rendered a judgment on the acquisition money case between the non-party company and the defendant is obligated to grant the execution clause to the plaintiff, who is the successor of the non-party company, for compulsory execution against the defendant.

B. The defendant's assertion is that the defendant is a beneficiary of the basic aged pension under the age of 71 and resides in rental housing, and the F's business plan, bankruptcy and immunity that are the spouse are living difficult after the lapse of 71 years, and thus, the debtor is not able to repay his/her debts. However, the execution clause may be granted for the creditor's successor indicated in the final judgment or granted for the execution of the debtor's successor indicated in the judgment (Article 31 (1) of the Civil Execution Act). Among them, the execution clause for succession to the creditor's successor is granted for the general successor of the creditor indicated in the judgment or for the execution of the successor's insolvency by specifying his/her claims based on the judgment.

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