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. Basic facts
A. A. On April 28, 2011, a social loan company (former trade name: E&P lending company; hereinafter “Apropy social loan”) established a loan to the Defendant on April 28, 201, with the amount of KRW 8,000,000 per annum, interest rate and delay damages rate of KRW 43.54% per annum, and the due date of reimbursement on April 28, 2014.
B. From December 27, 2011, the Defendant delayed the repayment of the principal of the above loan obligation.
C. On December 31, 2012, Apropy social loan transferred the above loan claim to the Gas Capital Loan Co., Ltd. (hereinafter “Ys Capital Loan”).
On February 20, 2014, the Bosg Capital loan comprehensively transferred all the rights and obligations on its financial business, including the above loan claims, to the Plaintiff (former trade name: Bosg Capital Loan Co., Ltd.).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. The Plaintiff’s assertion and judgment that the Plaintiff notified the Defendant of the fact that the Apropy social loan and the Apropy Capital loan were transferred to the Defendant, and the Defendant asserts that the Defendant is liable to pay the principal and damages for delay of the above loan, as stated in the purport of the claim.
Therefore, according to the purport of Article 450(1) and Article 450(2) of the Civil Act, the transferor's transfer of nominative claim, such as health bond and the above loan bond, cannot be set up against the obligor, etc. without notifying the obligor or having given the obligor's consent (Article 450(1) of the Civil Act), and the overall purport of the statement and pleading as to the evidence No. 2, as to May 23, 2014, the "Notice of Claim Transfer and Pledge" in the name of the above transferor and the Plaintiff was sent to the Defendant's domicile "Sesan-dong B building B, Busan-gu, 206-902". However, the Defendant can be found to have already been transferred from the above domicile on March 23, 2012 to the "Sesan-gu, Busan-gu," and thus, it cannot be deemed that the notice