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(영문) 서울남부지방법원 2020.07.15 2020가단219625
집행문부여의 소
Text

1. The Seoul Southern District Court Order 2018Hu101389 decided on the payment order of loans between D Co. and the Defendant.

Reasons

1. Facts of recognition;

A. On January 12, 2018, D Co., Ltd. received a payment order against the Defendant, as Seoul Southern District Law No. 2018 tea101389, “73,593,144 won and damages for delay,” and on March 28, 2018, the said payment order became final and conclusive.

B. On March 21, 2019, the Plaintiff acquired the claim for the said judgment from D Co., Ltd., and around February 26, 2020, upon delegation from D, notified the Defendant of the assignment of the claim, but the said notification was not delivered.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings

2. Determination as to the cause of action

(a) Article 31 (Execution Clause) (1) of the Civil Execution Act of the relevant provisions may be granted for the execution of a debtor's successor to the creditor indicated in the judgment or indicated in the judgment.

provided that the succession is obvious to the court or certified by a certificate.

(2) When the succession under paragraph (1) is obvious fact to the court, it shall be entered in the execution clause.

When the verification required under the provisions of Articles 30 (2) and 31 is impossible to be made, the creditor may file a lawsuit requesting a grant of the execution clause with the court of first instance.

Article 58 (Payment Order and Execution) (1) Compulsory execution based on the payment order finalized shall be carried out by the original copy of the payment order without necessity for the execution clause.

The same shall not apply to cases falling under any one of the following subparagraphs:

1. Where a condition is imposed on the execution of payment order;

2. Where a compulsory execution is enforced on behalf of a successor to the party;

3. Where a compulsory execution is enforced against a successor to the party.

B. According to the above facts of determination, the Plaintiff’s notice of transfer of claims on behalf of D Co., Ltd. according to the authority delegated after acquiring the claims based on the instant payment order from D Co., Ltd. by content-certified mail.

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