양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The facts that the National Bank lent KRW 480,000,00 to E on November 25, 2004 (hereinafter “instant loan”), and that E died on June 2008 (hereinafter “instant loan”), and that there are the Defendant and children who are his/her spouse, and their successors do not dispute each other. According to the evidence No. 1, the National Bank and E set the repayment period for the above loan three years, the interest rate is 6.67% per annum (three-month change), the interest rate is 8% per annum within three months, the 9%p per annum within three months, and the 10%p per annum within six months above, and the 6 months at the rate calculated by adding the above interest rate.
On June 29, 2010, the Plaintiff asserted that on June 29, 2010, the National Bank transferred the instant loan (hereinafter referred to as “the first transfer”) to Korea Efenna Fund Specialized in Asset-backed Securitization (hereinafter referred to as “Korea”) and the first transfer of the instant loan to the Plaintiff on September 30, 2013 (hereinafter referred to as “the second transfer”), and the Defendant and the designated parties did not pay the amount stated in the purport of the claim among the instant loan, and thus, the Plaintiff sought payment as the instant lawsuit.
The transfer of claims cannot be set up against the obligor unless the transferor notifies the obligor or accepts the obligor (Article 450(1) of the Civil Act): Provided, That the transfer of claims pursuant to an asset-backed securitization plan as prescribed by the Asset-Backed Securitization Act may be notified not only to the transferor, but also to the assignee, etc., but also to the last address of the obligor known to the obligor, who is entered in the entire registered matters of the mortgage, or the transferor or transferee, on more than two occasions, by content-certified mail, and only one daily newspaper distributed mainly to the obligor’s address is included in two daily newspapers or more.