The payment order for the loan case between the corporation D and the defendant in Incheon District Court 2019j. 5198.

On August 13, 2019, D Co., Ltd. (hereinafter “D Bank”) issued a payment order (hereinafter “instant payment order”) to the Defendant that “the Defendant would pay to D Bank an amount equivalent to 27% per annum from August 12, 2019 to the day of full payment” (hereinafter “instant payment order”). The above payment order became final and conclusive on September 3, 2020, when the Defendant did not raise an objection, and D Bank transferred its claim to the Plaintiff on the instant payment order, and on August 13, 2019, upon delegation of the rights to the assignment of claims, the Plaintiff sent it to the Defendant with the notice of assignment of claims within the time limit, or the Plaintiff sent it to the Defendant with the notice of assignment of claims within the scope of KRW 12,864,750, and six million among them, and the purport of the notice of assignment of claims within the scope of KRW 30,20,000,000,000 to the Defendant.

According to the above facts, since the plaintiff constitutes a successor who received a claim based on the payment order of this case from the D bank after the issuance of the payment order of this case, a junior administrative officer of the Incheon District Court shall grant the execution clause of succession to the plaintiff for compulsory execution against the defendant as to the payment order of this case between D bank and the defendant.

2. As to the defendant's assertion, the defendant paid 2 million won out of 8 million won of the principal of the debt to be borne by the banks initially. The defendant claimed to the effect that interest or delay damages arising from the payment order of this case are excessive.

In a lawsuit for grant of execution clause under Article 33 of the Civil Execution Act, where the creditor cannot prove the matters to be attested by a certificate in order to obtain the execution clause.