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Reasons
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(영문) 대전지방법원 천안지원 2017.02.07 2015가단19717
양수금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,00,000 and 5% per annum from May 30, 2006 to February 7, 2017.

Reasons

1. Facts of recognition;

A. Defendant B borrowed KRW 10,00,000 from D on March 29, 2006 as the due date set on May 29, 2006, and Defendant C jointly and severally borrowed Defendant B’s above loan obligation.

B. Defendant B: (a) additional amounting to KRW 5,000,000 on August 7, 2006; (b) the same year

9. 16. 5,00,000 won and 12,000,000 won on December 28, 28 of the same year were borrowed without fixing the due date, and Defendant C shared the Defendant B’s above loan obligation.

C. Around June 2012, D transferred to the Plaintiff the claim amounting to KRW 32,00,000,000 (hereinafter “transfer of claim in this case”) against the Defendants. Around June 12, 2012, D notified the Defendants of the transfer of claim three times on three occasions, around October 23, 2013, and around July 7, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the acquisition amount of KRW 32,000,000 and the damages for delay.

3. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) The Defendants were not notified of the assignment of claims of this case. (2) Defendant B failed to pay KRW 10,000,000 borrowed from D on March 29, 2006, but the number of days borrowed was 5,00,000 on August 7, 2006, and the same year.

9. 16. 5,00,000 won, and 12,000,000 won on December 28 of the same year, all of which were repaid.

B. Although there is no evidence to acknowledge that the notice of assignment of claims was delivered to the Defendants around June 12, 2012, around October 23, 2013, around July 7, 2014, the Plaintiff notified the transfer of claims through the delivery of a copy of the instant complaint. Meanwhile, the Plaintiff notified the Defendant B of the transfer of claims on January 15, 2016, and the duplicate of the instant complaint to Defendant C of the same year.

1. 5. Each delivery is clearly made on the record, so this part of the defendants' assertion is without merit.

2) The following grounds are comprehensively taken into account the description of the evidence No. 1 in regard to the assertion of performance.

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