1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Plaintiff’s assertion

On January 16, 2014, the Defendant borrowed KRW 10,000,00 as of January 16, 2017, the loan interest rate and interest rate of KRW 38.81%, respectively, and the loan period of KRW 10,00,000, and the principal was overdue from February 18, 2016.

On June 2, 2016, Apropy social loan transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer of the claim.

Therefore, the Defendant is obligated to pay the Plaintiff, a transferee of the above loan claim KRW 9,928,618 of the principal amount of the loan and damages for delay.

Judgment

The transferor is not notified to the obligor or the obligor does not consent to the transfer of nominative claim (Article 450(1) of the Civil Act), and the transferee who fails to meet the requisite for setting up against the obligor cannot make a claim for right against the obligor as there is no legal relationship between the obligor and the obligor.

(See Supreme Court Decision 90Da9452, 9469 Decided August 18, 1992). According to Gap 2, 3, and 6's statements, although there was a fact that "written notice of credit transfer" in the name of a social loan created by Apropha was sent to the defendant's domicile on November 18, 2015, the defendant's domicile as "Seoul Jung-gu B", the above evidence alone cannot be deemed as having reached the defendant's notification of the transfer of claims by the plaintiff's assertion, and there is no other evidence to prove otherwise.

On the other hand, according to Gap's statement, it can be acknowledged that the social loan Apropy has received prior written consent from the defendant on the transfer of the above loan in the situation where the transferee and the transfer time are not specified at the time of the above loan. However, prior to the transfer of the credit, prior to the transfer of the credit, the prior consent of the transfer of the credit cannot be confirmed by the debtor.