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1. The Seoul Central District Court 2012j.127562 transfer money between the Korea Asset Management Corporation and the Defendant.
Reasons
1. Basic facts
A. On July 20, 2012, the Korea Asset Management Corporation filed a lawsuit against the Defendant seeking the payment of the acquisition amount (hereinafter “instant payment order”) with the Seoul Central District Court (Seoul Central District Court). On July 20, 2012, the said court issued a payment order stating that “The Defendant would pay the Korea Asset Management Corporation KRW 7,186,624 and KRW 2,178,236, an amount calculated at the rate of 18% per annum from July 1, 2012 to the date of full payment (hereinafter “instant payment order”), and the said payment order was finalized on August 22, 2012.
B. On August 28, 2012, the Plaintiff entered into an asset acquisition agreement with the Korea Asset Management Corporation under which it would receive the claim based on the instant payment order, and was delegated with the authority to notify the assignment of claims.
C. After the Plaintiff was delegated with the authority to notify the transfer of a claim based on the instant payment order, the Plaintiff notified the Defendant of the transfer of the claim by content-certified mail on January 7, 2016, but this notification was not reached due to the Defendant’s absence of closed text, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the 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.
§ 58 (Payment Order and Execution) (1) Compulsory execution based on a final payment order shall not be required to be granted.