logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.08 2019가단5267115
집행문부여의 소
Text

1. The Seoul Central District Court 2013da259483 rendered a judgment on the claim for the acquisition amount between the I Company and the Defendants.

Reasons

1. Facts of recognition;

A. The I Co., Ltd. (hereinafter “I”) filed a lawsuit against the Defendants against the Seoul Central District Court 2013da259483, Nov. 21, 2014; and

A. Defendant C and E shall jointly and severally pay 160,514,862 won and 40,872,825 won and 20% interest per annum from September 24, 2013 to the date of full payment;

B. Defendant F, G, and H are jointly and severally with Defendant C and E to the extent of the property inherited from the deceased J.

Of the money stated in this subsection, 53,504,954 won and 13,624,275 won among them shall be paid at the rate of 20% per annum from September 24, 2013 to the date of full payment.

The judgment (hereinafter "the judgment of this case") was pronounced, and the above judgment became final and conclusive on January 27, 2015.

B. On February 17, 2015, Nonparty Company transferred its claim for the amount of acquisition based on the instant judgment to K Co., Ltd.

C. After that, on February 27, 2019, K Co., Ltd. transferred the above claim to the Plaintiff (around February 27, 2019 also delegated the Plaintiff’s right to notify the Defendants of the assignment of claim), and the Plaintiff notified the Defendants of the assignment of claim on July 18, 2019, but the said notification was not served on the Defendants.

As the plaintiff did not receive an execution clause for succession to the judgment of this case due to the impossibility of being served with the notice of assignment of claims, the plaintiff expressed his/her intention to notify the above assignment of claims as a service of the complaint of this case, and the warden of this case served the defendant C, E, and F on February 21, 2020, the defendant G on July 18, 2020, and the defendant H on March 18, 2020, respectively.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, the Plaintiff is the final successor who received the claim based on the instant judgment after the closing of argument, and thus, against the instant judgment between the Nonparty Company and the Defendants.

arrow