beta
(영문) 수원지방법원안양지원 2016.10.26 2016가단10795

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from June 22, 2016 to the day of full payment.

Reasons

C lent 30 million won to the Defendant on January 2, 2008.

C On April 25, 2016, the Plaintiff transferred the loan claims to the Defendant to the Plaintiff, and the Plaintiff received the delegation from C, and notified the Defendant of the transfer by content-certified mail on April 28, 2016.

[Reasons for Recognition: The statement of Gap 1-6 and the purport of the entire pleadings] Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 30 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 22, 2016 to the day of complete payment, as requested by the plaintiff.

The Defendant asserted to the effect that the assignment of claims is null and void since the Defendant sent a peremptory notice to the Defendant on April 18, 2016, which was prior to the Plaintiff’s transfer of claims. However, as seen earlier, it is recognized that the claim was transferred, and since the Plaintiff given a lawful assignment of claims after the transfer of claims, the validity of the assignment of claims is no effect due to the peremptory notice of performance

The defendant's assertion is not accepted.

The plaintiff's claim is accepted.