1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. C had a claim amounting to KRW 3,350,000 related to the fraternity (hereinafter “instant claim”) against the Defendant, but around June 20, 2013, C transferred the instant claim to the Plaintiff and notified the Defendant of the assignment of claim by means of content-certified mail with a fixed date (hereinafter “Notice of the assignment of claim”).

B. D sent to C a content-certified mail (hereinafter “content-certified mail of this case”) to the Defendant, on June 27, 2013, where C did not perform his/her obligation to C, and as C did not pay the entire amount to C, it sent to C a content-certified mail (hereinafter “content-certified mail”).

C. On June 29, 2013, the instant notice of assignment of claims and the instant content-certified mail sent simultaneously to the Defendant. Around June 29, 2013, the Defendant, who was aware of the contents of the instant notice of assignment of claims and the contents of the instant content-certified mail, refused to receive the instant notice of assignment of claims, and only received the instant content-certified mail. On July 1, 2013, the Defendant paid KRW 3,500,000 to D in accordance with the purport of the instant content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 4-2, Eul evidence 1, Eul evidence 2, Eul evidence 4, Eul evidence 5, Eul evidence 5, testimony of party witness D and the purport of the whole pleadings

2. The assertion and judgment

A. The notification of the assignment of claims to the cause of the claim takes effect from the time when the notification is delivered to the other party, and the time the notification is delivered to the other party, which generally refers to the time when the other party generally becomes aware of the content of the notification, and it is not necessary until the other party actually receives the notification or he was aware of the content of the notification.

Therefore, in the process of delivery, the other party to the notification is refusing to receive the notification prior to the confirmation of the mail.