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(영문) 서울서부지방법원 2017.12.22 2016가단221910
양수금
Text

1. As to KRW 105,136,438 and KRW 30,000 among them, the Defendant shall annually pay to the Plaintiff KRW 105,136,438 from March 12, 2016 to April 19, 2016.

Reasons

1. Facts of recognition;

A. On December 15, 2001, the Defendant borrowed KRW 118,00,000 from the Ulsan Heavy Credit Union at the maturity of 9.5% per annum on December 15, 2002 and at the rate of 24% per annum on December 15, 2002.

(hereinafter “instant loan”). (b)

The instant loan claims were transferred in sequence to the Reorganization Financial Corporation (the trade name after the change), the SPS Loan, the PPS Loan, the PPPS Limited Liability Company, the APP and the assets management loan, and the Oral Asset Management Loan, the Co., Ltd.

C. On January 19, 2015, the Oral Asset Management Loan Co., Ltd.: (a) transferred the instant loan claims to the Plaintiff (hereinafter “instant transfer of claims”); and (b) sent to the Defendant a certificate of the content of notifying the instant transfer of claims by registered mail; (c) however, registered mail was destroyed because it was not delivered to the Defendant.

As of March 11, 2016, loans to the defendant are principal KRW 30,00,000, overdue interest KRW 75,136,438.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The notification of the assignment of claims becomes effective upon arrival of the obligor, and the arrival here refers to the situation in which the other party is deemed to have been placed in an objective state where the other party can be aware of the content of the notification by social norms (see, e.g., Supreme Court Decision 2010Da57, Apr. 15, 2010). As seen earlier, Oran Asset Management Loan Co., Ltd. was discarded on January 19, 2015 without being served with a certificate of content that notifies the Defendant of the instant assignment of claims. However, it is reasonable to deem that the notification of the instant assignment of claims by the instant notification was effective upon arrival of the notification to the Defendant on April 19, 2016, when the original copy of the instant payment order, attached with the evidence No. 3, was served on the Defendant

Therefore, the assignment of claims in this case shall be deemed to have satisfied the requisite for setting up against the defendant.

(b).

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