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(영문) 대전지방법원서산지원 2019.01.29 2018가단53431
집행문 부여의 소
Text

1. The order of payment for loans between D Co., Ltd and the Defendant is the order of payment for the Daejeon District Court Decision 2015Hu847.

Reasons

1. The claim indication D Co., Ltd. requested a payment order against the Defendant to pay the money calculated at the rate of 29% per annum from October 20, 2015 to October 20, 2015, and the expenses for demand procedure ( Daejeon District Court Branch Decision 2015j. 847). The above payment order was served on the Defendant on March 12, 2016 and finalized on March 26, 2016.

On February 27, 2017, the Plaintiff acquired a claim against the Defendant against D Co., Ltd. and intended to notify the Defendant of the above transfer. However, the notice of transfer of claims sent by the Plaintiff was not served on the Defendant.

Since it does not fall under the case where the court prescribed in the proviso of Article 31(1) of the Civil Execution Act is evident fact or the succession is proved by a certificate, this lawsuit is filed in accordance with Article 33 of the Civil Execution Act.

2. Article 208 (3) 3 of the Civil Procedure Act:

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