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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the court of first instance to the corresponding part, and thus, it refers to the reasoning of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant asserts that the notice of the Plaintiff’s transfer of claims was made verbally in the court on April 28, 2015, and that since this was not legitimate notice, the claim for the above loan that the Plaintiff acquired by prescription expired, and the Defendant did not have the obligation to pay the above loan and the damages for delay to the Plaintiff.
On April 28, 2015, the Plaintiff filed an objection against the instant payment order and implemented the instant lawsuit. On April 28, 2015, the Plaintiff may not oppose the obligor unless the transferor (including the truster; hereinafter the same shall apply) or transferee (including the trustee; hereinafter the same shall apply) notifies the Defendant of the transfer, trust, or return of the claim pursuant to an asset-backed securitization plan under Article 7 (1) of the Asset-Backed Securitization Act at the second day of pleading in the first instance court.
In light of the facts as seen earlier, the Plaintiff’s notification of the assignment of claims as a limited liability company specializing in securitization is governed by the Asset-Backed Securitization Act, and therefore, it cannot be deemed that there was any illegality in the Plaintiff’s notification of the assignment of claims, and the legal nature of the notification of the assignment of claims is the notification of the concept, so the notification of the transfer takes effect upon the receipt of the notification to the obligor since the notification of the transfer of claims is the notification of the transfer to the obligor. In the process of the instant lawsuit in which the Defendant filed an objection against the instant payment order, and the Defendant was aware that the Plaintiff received loans from Samsung Life Insurance, and notified the Defendant of