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(영문) 서울남부지방법원 2017.11.17 2016나62540
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The facts below the facts can be found as follows: Gap evidence 1, Gap evidence 2-1, 2, and Gap evidence 3-8 can be acknowledged in full view of the purport of the whole pleadings. A.

On February 4, 2003, the Saemaul Bank of East-gu loaned a loan of KRW 30 million to the Defendant at the interest rate of KRW 13.8% per annum, 22% per annum, and the final repayment date of February 4, 2005.

B. On January 17, 2007, the Saemaul Savings Depository transferred the principal and interest of loans to the Defendant to the Federation of Saemaul Savings Depository.

On April 24, 2014, the Dong Relief Day Saemaul Cooperative granted all the power of representation on the assignment of claims to the Korean Federation of Community Credit Cooperatives.

In addition, on August 7, 2015, the Korean Federation of Community Credit Cooperatives transferred the above claims against the Defendant to the Plaintiff.

C. As of December 1, 2015, the remaining principal and interest of the Defendant is KRW 29,20,000, interest of KRW 64,673,210, total of KRW 93,873,210.

At the time of December 4, 2015, the Plaintiff notified the Defendant’s resident registration address [the Plaintiff, as his/her agent, as the head of the Dong-gu, Yongsan-gu and the Saemaul Savings Depository and the Korean Federation of Community Credit Cooperatives, of the assignment of the claim by content-certified mail.

However, the Defendant, on May 25, 2014, transferred to the above address prior to the above notification, but was found not to reside thereafter, and thus the “ex officio transfer of registration of unknown residence” measure was taken.

E. On April 13, 2017, the Plaintiff received a decision that “the notice of assignment of claims to the Defendant regarding the credit transfer and takeover contract between the Korea Saemaul Depository and the Plaintiff was served by public notice,” and the said decision became final and conclusive around that time.

2. According to the above facts of recognition, the Plaintiff received a claim against the Defendant from the Saemaul Bank of Korea and the Korean Federation of Saemaul Savings Depository, and the Plaintiff was delegated the notification authority of the assignment of claims from the transferor, and the Defendant was duly assigned the assignment of claims.

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