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(영문) 서울중앙지방법원 2017.10.19 2015가단5313782

양수금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion, Seoul 2 Savings Bank (hereinafter “Samato Savings Bank”) held a loan claim against the Defendants (hereinafter “instant loan claim”). However, on June 28, 201, the Plaintiff acquired the instant loan claim from the Homato Savings Bank and notified the Defendants of the transfer of the claim, the Defendants are jointly and severally liable to pay 80,000,000 won and damages for delay, which are part of the instant loan claim, to the Plaintiff.

2. The notice of the assignment of claims is effective upon arrival of the debtor, and the arrival here refers to the situation in which the other party is deemed to have been in an objective condition to know the content of the notice by social norms (see, e.g., Supreme Court Decision 2010Da57, Apr. 15, 2010). According to the part of the evidence No. 1 of the evidence No. 2010, Jun. 29, 2015, the plaintiff issued a notice to the effect that “A,” as the agent of the notice of the assignment of claims on June 29, 2015, to the Defendants, sent the notice to the Defendants by content-certified mail, but it is insufficient to recognize that the above evidence alone sent the notice of assignment of claims to the Defendants by content-certified mail, and according to the whole purport of oral proceedings, D was appointed to the auditors of Defendant A corporation on Aug. 23, 199, and Defendant A was completely dissolved at the general meeting of shareholders of the company under Article 520-2 of the Commercial Act.