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(영문) 서울중앙지방법원 2020.09.01 2020가단5099776

양수금(일부금)

Text

1. The Defendant shall pay KRW 50 million to the Plaintiff the annual interest rate of KRW 13.9% from May 1, 2017 to the date of complete payment.

Reasons

According to the contents of Gap evidence Nos. 1 through 9 and the purport of the whole pleadings, the facts of the reasons for the claim can be acknowledged.

As to this, the defendant asserts that when C Bank transfers the above loan claims to D Limited Liability Company (hereinafter "D"), D did not receive notification of the assignment of claims when it re-transfers the above loan claims to the plaintiff.

First, according to the above basis of recognition, D, a transferee, cannot set up against the debtor unless the transferor (including the truster; hereinafter the same shall apply) or transferee (including the trustee; hereinafter the same shall apply) notifies the debtor of the transfer, trust, or return of the claim pursuant to an asset-backed securitization plan over the period between January 15, 2015 and the 16th of the same month.

Provided, That when the transferor or transferee has sent a notice of the assignment of claims (including trust or return of claims; hereafter the same shall apply in this Article) to the address falling under any of the following subparagraphs not less than twice by content-certified mail, but has returned due to the unknown whereabouts, etc., it shall be deemed that he has notified the debtor of the transfer of claims on the date of such public notice by notifying the fact of the transfer of claims in not less than two daily newspapers (including not less than one daily newspaper distributed nationwide) mainly

1. The address of the obligor as shown on the registry or registration books of the relevant mortgage (if the address shown on the registry or registration books is not the last address of the obligor and if the transferor or transferee knows the last address of the obligor, such last address of the obligor); and

2. Where there is no address shown on the registry or registration books of the relevant mortgage or there is no such registry or registration book, and the transferor or transferee knows the last address of the debtor.