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(영문) 부산지방법원 동부지원 2018.08.29 2018가단205867
양수금
Text

1. The Defendant’s KRW 61,615,527 and KRW 26,143,480 among the Plaintiff and KRW 34,754,817 from June 12, 2007.

Reasons

1. Facts of recognition;

A. On March 25, 2008, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant as Busan District Court Decision 2007Kadan192440, and was sentenced by the above court that the Defendant would pay the Plaintiff the money stated in paragraph (1) of this Article. The above judgment became final and conclusive around that time.

B. On October 31, 2017, the Korea Credit Guarantee Fund transferred the credit on the said judgment amount (hereinafter “the instant credit”) to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and issued a written notice of the transfer of credit to the Defendant by content-certified mail on December 19, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2 (including each number for a case with a serial number) and the purport of the whole pleadings

2. The fact that the Plaintiff applied for the instant payment order on February 12, 2018, when the ten-year lapse of the extinctive prescription period of the instant claim was imminent, as to the cause of the claim, is apparent in the record. As such, the instant lawsuit may be recognized as a re-instigation of suit for the interruption of extinctive prescription.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who acquired the claim of this case 61,615,527 won and 26,143,480 won from June 12, 2007; 34,754,817 won from June 15, 2007 to December 26, 2007; 15% per annum from June 15, 2007 to December 26, 2007; and 20% per annum from the next day to the day of full payment.

3. The defendant's assertion argues that since the defendant did not consent to the above assignment contract between the Korea Credit Guarantee Fund and the plaintiff, the plaintiff cannot respond to the plaintiff's claim.

On the other hand, the transfer of a claim under the Civil Act takes effect by the declaration of intention between the transferor and the transferee, and in the case of a nominative claim, the notification to the transferor's obligor or the consent of the obligor is merely a requisite for setting up against the obligor and other third parties.

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