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 July 24, 2015, Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that engages in credit business entered into a loan transaction agreement with the Defendant with the lending limit of KRW 3,000,000, interest rate of KRW 34.9% per annum, and interest rate of delay damages rate of KRW 34.9% per annum, and the lending maturity of KRW 3,00,000 on July 24, 2017, 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 March 11, 2016, the Defendant delayed the payment of interest under the instant loan agreement and lost the benefit of time at that time. The principal of the loan under the instant loan agreement as of March 11, 2016 is KRW 2,678,211.
C. Meanwhile, on June 2, 2016, the non-party company transferred the instant loan claim to the Plaintiff. On June 17, 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 plaintiff's assertion is a legitimate transferee of the loan claim of this case, and the defendant is obligated to pay to the plaintiff the principal amount of the loan claim of this case 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, it is acceptable to recognize this.