양수금
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 3,303,839 and KRW 2,887,01 among the Plaintiff and the Plaintiff’s KRW 2,81 on January 23, 2016.
1. Facts of recognition;
A. On February 26, 2015, Tae River Loans Co., Ltd. (hereinafter “Seo River Loans”) extended a loan (hereinafter “instant loan”) to the Defendant by setting 3 million won at 36 months of the loan period and 34.9% per annum of the loan interest rate (hereinafter “instant loan”).
B. On November 30, 2015, Nonparty Company entrusted the Plaintiff with the authority to notify the assignment of claims while transferring the instant loan claims to the Plaintiff.
C. As of January 22, 2016, the principal and interest of the instant case are KRW 3,303,839 (= Principal KRW 2,887,01 plus KRW 416,828).
【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 4, and 5, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay the principal, interest, and delay damages with respect to the instant loan claim, and the loan claim in this case was transferred from the non-party company to the plaintiff. 2) The evidence No. 3 of the notice of assignment of the loan claim in this case is the notice of assignment of the loan claim in this case to the non-party company after the non-party company transferred the loan claim in this case to the plaintiff, and according to the evidence No. 6 of the above notice, it is difficult to recognize that the above notice was delivered to the defendant and was discarded on April 12, 2016, since it is recognized that the above notice was not delivered to the defendant due to the absence of the beneficiary and was discarded on April 12, 2016.
3) The notification of the assignment of claims through the dispatch and delivery of the instant case (A) is effective when the transferor notifies the obligor that the transferor transferred the relevant claims to the assignee, and such notification becomes effective upon the obligor’s arrival. Here, the arrival refers to the situation in which the other party’s objective condition is recognized as having known the content of the notification by social norms. The obligor is practically aware of such notification.