양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The basic facts
On June 20, 201, SB Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) granted a loan of KRW 4,000,000 to the Defendant with interest rate of KRW 28.9% per annum, interest rate of KRW 4,00,000 per annum, interest rate of KRW 40.9% per annum, and interest rate of KRW 9 months per annum.
B. After that, on March 19, 2014, the NAB Savings Bank transferred the above loan claims to the NAAD loan company (hereinafter “NAAD loan”), and on May 19, 2015, the NAAD loan transferred the above loan claims to the Plaintiff.
[Grounds for recognition] The written evidence Nos. 3, 4, and 7 and the purport of the whole pleadings
2. The plaintiff asserts that since the plaintiff lawfully acquired the above loan claims, the defendant is obligated to pay the principal and interest of the loan claims stated in the claim to the plaintiff.
Therefore, the assignment of nominative claim, such as health class and the above loan claim, cannot be asserted against the debtor, etc. without the transferor's notification to the debtor or the debtor's consent (Article 450 (1) of the Civil Act), and Article 450 (2) 2 and 9 of the Civil Act provides that, according to the facts stated in the statement and the whole pleadings, the notice of assignment of assignment to the plaintiff may be recognized as being sent to the defendant on June 2, 2015. However, according to the purport of the statement and the whole pleadings in the evidence No. 9 of the above notice of assignment to the defendant, the fact that the notice of assignment to the defendant is not delivered to the defendant on August 25, 2015 can be recognized as being destroyed by the Incheon Postal Office, and other fact of assignment to the plaintiff of the plaintiff of the No. Rararadi loan was notified to the defendant.
there is no evidence to prove that the defendant consented to the assignment of claims.
Therefore, the plaintiff did not meet the requirements for setting up against the assignment of claim under Article 450 (1) of the Civil Code, and the plaintiff can oppose the defendant as the creditor of the above loan.