(영문) 서울중앙지방법원 2020.02.07 2019나44523

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(영문) 서울중앙지방법원 2020.02.07 2019나44523

양수금

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1. The judgment of the first instance court, including the Plaintiff’s claim extended in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Facts of recognition;

A. C (former trade name before the change: D; hereinafter “C”) lent KRW 2,00,000 to the Defendant on August 8, 2001 by setting the period of February 8, 2002.

(hereinafter “instant loan”). (b)

C transferred the instant loan claims to the Korea Asset Management Corporation on October 28, 2002, and on November 20, 2002, the notice of the transfer of claims was sent by means of delivery certificate to the Defendant’s domicile as of November 20, 2002.

C. On July 20, 2006, the Korea Asset Management Corporation filed a lawsuit against the Defendant for the claim for the amount of transfer proceeds, including the instant loans, with the Seoul Central District Court Decision 2006Da275432, and sentenced the Defendant to the judgment on October 13, 2006 that the Defendant paid KRW 99,635,505, and damages for delay thereof to the Korea Asset Management Corporation. The above judgment became final and conclusive at that time.

According to the above judgment, the instant loan is 5,613,122 won in total as of December 31, 2005, the principal and interest of which are 2,206,051 won in principal, and 20% in arrears interest rate.

On September 18, 2012, the Korea Asset Management Corporation entrusted the Plaintiff with the authority to express his/her intent to notify the assignment of claims while transferring the instant loan claims to the Plaintiff. On September 28, 2012, the Plaintiff sent the notice of the assignment of claims to the Defendant by content-certified mail.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 9 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims in succession the interest of KRW 5,613,122 and the principal of KRW 2,206,051, which is the following day of the base date, 20% per annum from January 1, 2006 to the date of full payment.

3. Judgment on the defendant's assertion

A. The Defendant did not receive the notification of the assignment of claims regarding the instant loan claims.

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