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1. Revocation of a judgment of the first instance;
2. Each of the claims of the plaintiff and the plaintiff's acceptance intervenor are dismissed.
3. All costs of the lawsuit.
Reasons
1. Basic facts
A. The Japanese Bank Co., Ltd. (hereinafter referred to as the “Japan Bank”) held against the Defendant the principal of credit card loan loan amounting to KRW 3,108,283, and the principal of credit card payment amounting to KRW 6,088,359 and damages for delay thereof (hereinafter referred to as the “claim in this case”).
B. On August 12, 2003, Japan Bank concluded an asset acquisition agreement with the Plaintiff and transferred the instant claim to the Plaintiff under the Asset-Backed Securitization Act (hereinafter “Assets Act”).
C. On September 8, 2009, the Plaintiff transferred the instant claim to the Korea-U.S. S. Investment Loan (hereinafter “Korea-U.S. Investment Loan”). On October 26, 2012, the Korea-U.S. Investment Loan transferred the instant claim to the Plaintiff’s Intervenor.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. The fact that the Korea-U.S. Entertainment loan taking over the instant claim from the Plaintiff’s judgment on the Plaintiff’s claim against the Intervenor is acknowledged as above.
However, in order for the Plaintiff’s Intervenor to exercise the right to take over the Defendant, the assignment of claims between the Plaintiff and the Korea-U.S. Investment Project loan should be proved to have satisfied the requisite for setting up against the Defendant.
According to Gap evidence No. 7-2, the plaintiff sent a written notice of assignment of the claim of this case to the Han-si B apartment 108 Dong 605, August 26, 2010, which is the defendant's resident registration domicile, to the Han-si B apartment 108 Dong 605, which is the defendant's resident registration domicile, by a content-certified mail. However, according to Eul evidence No. 4, the defendant made a move-in report on January 22, 2002, "Yanpo-si B apartment 108 Dong 605, March 3, 2005, and the plaintiff's above notification of assignment of claim of this case reaches the defendant.