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(영문) 서울중앙지방법원 2018.01.09 2017나57341
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. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1, 2, and 6 (including each number), Eul L&P loan company concluded a loan transaction agreement with the defendant on July 20, 2010 by setting the loan limit of KRW 5 million, interest rate of loan and overdue interest rate of KRW 48.54% per annum, minimum method of redemption of principal (50,000 won per month’s interest rate) (the minimum amount of redemption), the loan transaction agreement with the defendant on July 20, 2013 as of April 7, 2011, and extended KRW 2930,000 in total to the defendant on behalf of the defendant on April 30, 201 (hereinafter "the loan of this case"), and it is clear that Eul L&P loan company transferred the loan of this case to the defendant on behalf of the defendant on May 21, 201, and notified the defendant on May 21, 2012.

[The arrival of quasi-legal acts, such as the notification of the transfer of claims, refers to the time when the obligor is placed in an objective state where the content of the notification is known, and it is not necessary until the obligor has actually received the notification or has been aware of the content of the notification (see Supreme Court Decision 82Meu439, Aug. 23, 1983). In a pleading where the notification of the transfer of claims is submitted as documentary evidence or a documentary evidence is served on the Defendant during the litigation process, it shall be deemed that the notification of the transfer of claims has been made (see Supreme Court Decision 4293Sang45, Dec. 15, 1960). Meanwhile, the Plaintiff is a person who received reimbursement from the Defendant in excess of KRW 2,235,164, out of the leased principal, from September 26, 2011 to August 17, 2016, or damages for delay exceeding KRW 2,541,366.

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