1. As to the payment order for the loans case between D Co., Ltd and the Defendant, the District Court 2016 tea477.

Facts of recognition

D Co., Ltd. received a payment order from the above court on August 3, 2016, for the Defendant to issue a payment order of loans to the District Court 2016 tea477, and for the Defendant to pay the amount of KRW 5,694,34 and KRW 5,601,950 per annum from July 27, 2016 to the date of full payment. The above payment order was finalized on November 30, 2016.

(hereinafter “instant payment order”). D Co., Ltd. transferred claims based on the instant payment order to the Plaintiff on March 15, 2018.

On May 11, 2018, the Plaintiff notified the Defendant of the assignment of the above assignment of claims with the delegation of D Co., Ltd., but the notification was not delivered.

The Plaintiff expressed his/her intent to notify the assignment of claims by serving a duplicate of the complaint of this case, and the duplicate of the complaint of this case was served on the Defendant on December 5, 2019.

[Ground of recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings are acknowledged. The plaintiff is a successor to whom the loan claims based on the payment order of this case was acquired from D Co., Ltd. after the payment order was decided. Thus, the court below's junior administrative officer, etc. as to the payment order of this case between D Co. and the defendant should grant the execution clause to the plaintiff for compulsory execution against the defendant.

In regard to this, the Defendant asserted that the principal was fully repaid out of the claims based on the instant payment order. However, in a lawsuit for grant of execution clause, the subject matter of the hearing is subject to the requirements for grant of execution clause, including the fulfillment of conditions or the fact of succession. Therefore, it is not allowed for the obligor to assert the grounds for objection in the lawsuit for objection under Article 44 of the Civil Execution Act in the lawsuit for granting of execution clause (see, e.g., Supreme Court Decision 2011Da93087, Apr. 13, 2012). The Defendant’

The conclusion is.