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(영문) 서울중앙지방법원 2017.05.17 2017가단2753

양수금

Text

1. As to KRW 170,248,650 among the Plaintiff and KRW 51,027,923 among them, the Defendant shall start from November 22, 2016 to December 16, 2016.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 7 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in the Disposition No. 1.

2. The defendant's assertion argues that the defendant could not respond to the plaintiff's claim since he did not receive a legitimate notification of the transfer of claims from the K&A L&A bank during the transfer of claims, and that he could not respond to the plaintiff's claim, as he paid all through

In full view of each statement in Gap evidence Nos. 1 through 5, the national bank transferred assets, including the instant loan claims, to the KFA in lieu of November 11, 2014, and instead, LFA has transferred the purchaser status of assets including the instant loan, with the consent of the national bank on December 4, 2014; ② the national bank that is the transferor of credit notifies the Defendant of the transfer of credit by means of content-certified mail on December 5, 2014; ③ the EfA11-backed specialized securitization limited company transferred the instant loan claims to the Plaintiff on December 14, 2015; and notified the Defendant of the transfer of credit by content-certified mail on January 14, 2016; and notified the Defendant of the transfer of credit on March 20, 2017 in the instant lawsuit.

In full view of the above facts of recognition, it is reasonable to view that it is not in the position of notifying the assignment of claims to the defendant as the transferor of claims, since it transferred the status of the transferee of claims itself to the Ef141 securitization specialized company with the consent of the national bank.

In addition, comprehensively taking account of each of the statements in Gap evidence Nos. 6 and 7 as a whole, ① e-case 1411, which is an assignment of claims, is a limited liability company specialized in securitization, with the total amount of principal and interest of this case, in the case of Franchi District Court B real estate auction on June 8, 2015.