logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.17 2014가단5296811
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 52,447,388 and KRW 24,382,726 from October 17, 2014 to the date of full payment.

Reasons

Attached Form

The facts of the cause of claim are as follows: the plaintiff's assertion does not clearly dispute the validity of the notification of the assignment of claims other than the part of the notification of the assignment of claims; thus, it shall be deemed as a confession, or it may be acknowledged by considering the whole purport of the pleadings as a whole.

Therefore, the defendant is obligated to pay to the plaintiff who has taken over the loan claims against the defendant of the non-party national bank corporation 52,447,388 won and damages for delay calculated at the rate of 17% per annum from October 17, 2014 to the day of full payment as requested by the plaintiff.

The Defendant’s assertion that the instant claim was unreasonable on the ground that he was not notified of the assignment of the claim, and based on the overall purport of the statements and arguments, the Plaintiff’s notification authority was delegated by the transferor on June 23, 2014 and April 30, 2015, and acknowledged the fact that the Plaintiff notified the transfer of the claim to the Defendant’s domicile by content-certified mail.

In a case where there is no evidence to acknowledge that a content-certified mail sent by the Plaintiff was returned, barring any special circumstance, barring any special circumstance, it shall be deemed that it was served at that time (see Supreme Court Decision 2000Da20052, Oct. 27, 2000). In this case, in which there is no evidence to acknowledge that the content-certified mail sent by the Plaintiff was returned, the content-certified mail containing the purport of the above assignment notice was sent to the Defendant at that time.

Even if the notice of the assignment of claims was not given, the notice was not given.

Even if it is evident that the notice of assignment of claims submitted by the Plaintiff by documentary evidence was served to the Defendant on May 26, 2015 at the latest, so the notice of assignment of claims was served to the Defendant. Therefore, the above notice of assignment of claims was served to the Defendant.

arrow