양수금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
On August 30, 2005, the Korea Asset Management Corporation in charge of the determination of the cause of the claim filed a lawsuit against the Defendants (Seoul District Court 2005 Ghana145290) for the claim for the amount of acquisition (hereinafter “previous judgment”) and rendered a judgment on August 30, 2005 that “the Defendants jointly and severally pay 13,272,792 won and 12,27,747 won per annum from October 27, 1997 to the date of full payment” (hereinafter “previous judgment”). The above judgment became final and conclusive on September 27, 2005.
On December 31, 2005, the Korea Asset Management Corporation received dividends of KRW 409,454 on December 31, 2005, and appropriated for the principal of the acquired amount claim (hereinafter “instant claim”).
On August 28, 2012, the Korea Asset Management Corporation transferred this case’s claim to the Plaintiff (the Plaintiff (the Plaintiff Company Before the change). On October 19, 2012, the Plaintiff was delegated with the authority to notify the transfer from the transferor Korea Asset Management Corporation, and notified the Defendants of the assignment of the claim as the transferee and the transferee and the transferee and the notification agent of the transfer of the claim, by content-certified mail.
[Based on the facts without dispute, Gap evidence Nos. 1, 3, and 4 (including the provisional number), and the purport of the whole pleadings, the defendants are jointly and severally liable to pay to the plaintiff who is the final transferee of the claim of this case the amount of KRW 13,272,792 and KRW 11,868,293 (=the principal amount of KRW 12,277,747 - the above principal amount of KRW 409,454) per annum from October 27, 1997 to the date of full payment.
The defendants' assertion as to the defendants' defense, etc. ① was not notified of the transfer of the claim of this case from the plaintiff, ② since the claim of this case was already extinguished due to the completion of prescription, the plaintiff's claim cannot be complied with
Judgment
Unless special circumstances exist, if a content-certified mail is sent and otherwise returned, it shall be deemed that it was served at that time (see, e.g., Supreme Court Decision 2000Da20052, Oct. 27, 200). Thus, the Plaintiff’s above position is reasonable.