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(영문) 서울북부지방법원 2020.09.15 2020가단117869
집행문부여의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. received a payment order from the above court on March 30, 2016 to C Co., Ltd. for the payment of KRW 22,462,787 against the Defendant and delayed payment damages therefrom. The above payment order was served on the Defendant on August 31, 2016 and became final and conclusive August 31, 2016.

B. On March 7, 2019, C Co., Ltd. transferred to the Plaintiff all of the claims based on the payment order.

On April 11, 2019, the Plaintiff was delegated with the authority to notify the assignment of claims from C Co., Ltd. and sent to the Defendant a notice of the assignment of claims by content-certified mail, to his/her resident registration address [Guri-si D and 1st E] at that time, and the said notice of the assignment of claims was impossible to be delivered due to

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserted that the plaintiff succeeded to the status of C corporation based on the above payment order as a successor of C corporation with respect to the above payment order, since the plaintiff lawfully acquired the claim based on the above payment order from C corporation, and succeeded to the status of C corporation based on the above payment order.

B. As seen earlier, the notice of assignment of the above claim was impossible to serve, and the record reveals that this court sent the document of lawsuit against the defendant to "F buildings and second floor G at the time of the defendant's resident registration on May 6, 2020, but it was impossible to serve the document, including the copy of the complaint, on May 8, 2020, on the defendant's resident registration at the time of the defendant's resident registration, but the document of lawsuit, including the copy of the complaint, was served to the execution officer on May 21, 2020, but the document was served again, but the document was served to the execution officer on May 21, 2020, and the procedure was conducted by serving the copy of the complaint and the notice of the date for pleading, etc. with respect to the defendant by means of service by public notice, the defendant

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