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(영문) 서울서부지방법원 2018.05.31 2017나40553
양수금
Text

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. Facts of recognition;

A. On September 3, 2010, the Defendant borrowed a loan of KRW 34.9% (hereinafter “instant loan”) at an interest rate of 34.9% per annum from Escisco loan (hereinafter “Es”) and on September 2, 2012, setting the loan term as September 2, 2012.

B. On December 27, 2012, Eits transferred the principal and interest of the instant loan to the Plaintiff.

C. Meanwhile, based on June 27, 2017, claims for the principal and interest of the instant loan amounting to KRW 2,717,106, including the principal amount of KRW 1,129,875.

[Grounds for recognition] The descriptions of Gap evidence Nos. 2, 4, and 5 and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the claim is that the plaintiff acquired the principal and interest of the loan of this case from Egys, and completed the lawful assignment of claims, and the defendant is obliged to pay the principal and interest of the loan of this case to the plaintiff.

In regard to this, the defendant does not know the details and amount of the claims asserted by the plaintiff, there is no notification of the assignment of claims, and even if the notification of the assignment of claims is received, the notification of the assignment of claims is null and void as a notification made without the present name of the power granted by the transferor by the plaintiff who is the transferee, and therefore, it

B. Determination 1) According to the above facts, the details and amount of claims asserted by the Plaintiff are clearly specified, and there is no ground to deem that the details and amount of claims are unclear. (2) Comprehensively taking account of the entries and the purport of the statement and the entire pleadings as to the statement of No. 3 of the arrival of the assignment of claims, the Plaintiff’s notice of assignment of claims (hereinafter “instant notice”) on January 11, 2013, stating the purport that the Plaintiff acquired the principal and interest of the instant loan (hereinafter “instant notice”), which is the Defendant’s domicile, appears to have the address of the place of delivery of content-certified mail (Seoul Gangseo-gu 206 Dong 502), but if the content-certified mail was printed out in the digital records.

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