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(영문) 서울서부지방법원 2020.05.26 2020가단200279
집행문부여의 소
Text

1. The Seoul Western District Court No. 2016 Ghana710414 has executive force between Nonparty D and the Defendant.

Reasons

In full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4, it is recognized that the reasons for the claim are stated in attached

Therefore, the Plaintiff is a successor to the claim based on the judgment in the instant case No. 2016 Ghana710404. Thus, the lower court, etc. is obligated to grant the succeeding execution clause to the Plaintiff, a successor to D, in order to have the Plaintiff enforce compulsory execution against the Defendant based on the above judgment.

In regard to this, the Defendant asserts to the effect that the Defendant’s obligation to D is memoryd with having already been repaid, but the subject of examination in the lawsuit for granting the succeeding execution clause is limited only to the fulfillment of the conditions or the existence of succession, and it is not permissible to simply assert the grounds for objection regarding the claim in the lawsuit for granting the succeeding execution clause without filing a lawsuit for objection against the claim.

Therefore, the defendant's above assertion does not interfere with the recognition of the claim of this case.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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