1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C Co., Ltd. received, on February 22, 2018, an order from the above court to pay C Co., Ltd. for the payment of KRW 35,719,437 and delay damages for the Defendant’s payment of KRW 33,65,451, which became final and conclusive on August 22, 2018. The above payment order was served on the Defendant on August 22, 2018, and became final and conclusive on September 5, 2018.

B. C around March 7, 2019, around March 7, 2019, transferred all of the claims against the Defendant based on the above payment order to the Plaintiff.

On March 14, 2019, the Plaintiff was delegated with the authority to notify the above assignment of claims by content-certified mail to the Defendant on March 14, 2019, and sent the notice of assignment by content-certified mail to the Defendant’s domicile as “Seoul Dongdaemun-gu D apartment E apartment,” and the above notice of assignment of claims became impossible to be served due to the absence of closure, and thereafter, on April 11, 2019, the Defendant’s resident registration address “Seoul-gu F and G, which are the Defendant’s resident registration address, was sent,

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, 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 Co., Ltd. based on the above payment order by lawfully taking over the claim based on the above payment order from C Co., Ltd., and thus, the Plaintiff sought to grant the succession execution clause as the successor of C Co., Ltd. regarding the above payment order.

B. As seen earlier, the notice of assignment of each of the above claims was impossible. According to the records, this court sent the litigation documents, such as the copy of the complaint against the defendant, to the defendant on September 18, 2020 as the defendant's resident registration address, but it was impossible to serve the documents, such as the copy of the complaint, on September 23, 2020, due to the defendant's absence of closure. After that, the documents, such as the copy of the complaint, against the defendant, were served to the execution officer on October 7, 2020, but it became impossible to serve the defendant by means of service thereafter.