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. In full view of the purport of the entire pleadings, the following facts may be acknowledged in light of evidence No. 1 (the same as evidence No. 3), evidence No. 2 (the same as evidence No. 4), and evidence No. 5 and No. 6 of the basic facts:
On August 19, 2015, Nonparty Love Loan Co., Ltd. (hereinafter “Nonindicted Company”) engaging in credit business entered into a loan transaction agreement with the Defendant on a lending limit of KRW 3,000,000, interest rate of KRW 34.9% per annum, and interest rate of KRW 34.9% per annum, and interest rate of KRW 3,00,000 on August 19, 2020, and extended KRW 3,000 to the Defendant on the same day.
(hereinafter “instant loan agreement” and “the instant loan claim” under the instant loan agreement. B.
From December 16, 2015, the Defendant delayed the payment of interest under the instant loan agreement and lost the benefit of time around that time. The principal of the loan under the instant loan agreement as of December 16, 2015 is KRW 2,90,200.
C. Meanwhile, on March 31, 2016, the non-party company transferred the instant loan claim to the Plaintiff. On April 11, 2016, the non-party company and the Plaintiff sent a content-certified mail informing the Defendant of the assignment of the claim.
2. Judgment on the plaintiff's claim
A. The gist of the Plaintiff’s assertion is that the Plaintiff is a legitimate transferee of the instant loan claim, and the Defendant is obligated to pay the Plaintiff the principal amount of the instant loan claim amounting to KRW 2,990,200, and damages for delay.
B. The transferor cannot set up against the obligor unless the transferor notifies the obligor of the assignment of nominative claim or approves the obligor (Article 450(1) of the Civil Act), and Article 450(2) of the Civil Act (Article 450(1) of the Civil Act), and Article 6 of the Evidence No. 6 of the Credit No. 6 of the Credit No.
It is insufficient to recognize that the Defendant consented to the transfer of the instant loan claims, and otherwise, evidence to acknowledge this.