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(영문) 수원지방법원 2020.06.09 2019나82226
양수금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

Judgment on the Grounds of Claim

A. Facts of recognition 1) The Defendant is a stock company C on April 23, 2010 (hereinafter “C”).

(2) The term “instant loan agreement” refers to an agreement under which KRW 12,700,000 is loaned at the interest rate of 12.15% per annum and 24% per annum at the overdue interest rate (hereinafter “instant loan agreement”).

(2) The loan of this case (hereinafter “the loan of this case”) was made and the amount was loaned.

(2) On May 20, 2016, the Plaintiff entered into an asset acquisition agreement with C on May 20, 2016.

On May 24, 2016, the Plaintiff received a claim assignment notice, and the Plaintiff delegated the assignment notice, sent to the Defendant’s resident registration address, a notice of claim assignment notice stating the fact of the said transfer as a content-certified mail, and the said notice of claim assignment was submitted as evidence to this court.

3) The instant loan claims amounting to KRW 9,451,966 as of September 23, 2016, the sum of KRW 11,372,420 as of September 23, 2016, 20,824,386. [The entries in the evidence Nos. 1 through 5 and the purport of the entire pleadings are as follows.]

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff, the transferee of the instant loan claim, the principal amount of KRW 20,824,386, and delay damages for the principal amount of KRW 9,451,966, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts that the assignment of claims does not take effect since the defendant did not receive the notification of the transfer of claims of this case.

B. Determination 1) In a case where a content-certified mail is not sent and otherwise returned, barring any special circumstance, it is reasonable to view that it was served at that time (see Supreme Court Decision 2000Da20052, Oct. 27, 2000). The notification of the transfer of claims is a notification to the obligor that the transferor transferred his/her claim to the obligor, and such notification becomes effective upon arrival of the obligor, and its arrival is recognized as being put in an objective condition where the obligor can know the content of the notification.

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