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(영문) 서울중앙지방법원 2017.11.08 2017나23157
양수금
Text

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.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 4.

On March 4, 1997, Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance Co., Ltd”) entered into a loan transaction agreement with the Defendant with the loan amount of KRW 3,000,000, annual interest rate of KRW 14%, annual interest rate of overdue interest rate of KRW 25% (which was adjusted to 19% a year thereafter) and the loan period of 36 months.

(B) The loan under the instant loan agreement is “the instant loan claim” (hereinafter “instant loan claim”).

On June 18, 2010, Dongyang Life Insurance Co., Ltd. transferred the instant loan claims to the Plaintiff in sequential order on October 18, 2013, to Korea Life Insurance Co., Ltd., Korea Life Insurance Co., Ltd., Ltd., Korea Life Insurance Co., Ltd., Ltd., and to MIM Loan Co., Ltd., Ltd., on April 17, 2015.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion is a legitimate transferee of the claim for the loan of this case, and the defendant is obligated to pay to the plaintiff the principal and interest of the loan of this case amounting to KRW 15,928,065 and delay damages of KRW 3,00,000 among them.

B. The transferor cannot set up against the obligor unless the transferor notifies the obligor of the assignment of nominative claim or approves the obligor (Article 450(1) of the Civil Act), and the notice of assignment of claim of this case regarding the claim of this case reaches the Defendant, who is the obligor, solely on the basis of the written evidence Nos. 450(1) of the Civil Act.

It is insufficient to acknowledge that the Defendant consented to the transfer of the instant loan claims, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff failed to meet the requirements for setting up against the assignment of nominative claim under Article 450 of the Civil Act with respect to the transfer of the instant lending claim. Therefore, the Plaintiff’s assertion premised on such requirements is without merit, without further examining the remainder.

3. Conclusion.

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