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(영문) 서울중앙지방법원 2017.08.23 2016나37098
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff succeeding intervenor's claim is dismissed.

3. The plaintiff and the defendant.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement of evidence Nos. 1 to 9 of the basic facts.

On October 12, 2010, the Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance Co., Ltd”) set the repayment period of KRW 10,000,000 to the Defendant on October 11, 201, the agreement rate of KRW 12.3% per annum and the overdue interest rate of KRW 19% per annum.

(hereinafter “The instant loan credit”). (b)

On November 27, 2012, Dongyang Life Insurance transferred the instant loan claims to the Plaintiff, and sent the notice of assignment of claims to the “Seoul Dobong-gu, Seoul” which was the Defendant’s past domicile as of December 24, 2012, by content-certified mail.

As seen later, the Defendant completed the move-in report as "Seoul Dongjak-gu Seoul Metropolitan Government C" as of August 13, 2010.

C. On December 16, 2016, on which the instant lawsuit is pending, the Plaintiff concluded an asset transfer agreement with the succeeding intervenor and transferred all assets including the instant loan claims to the succeeding intervenor. On January 24, 2017, the succeeding intervenor was delegated with the authority of the Plaintiff to notify the Plaintiff, and the succeeding intervenor sent “the notice of the transfer of claims and the notice of the transfer of personal (credit) information” to the “Seoul Dongjak-gu, Seoul,” which is the Defendant’s domicile, by content-certified mail.

2. If the intervenor succeeding to the plaintiff's claim asserted that the plaintiff succeeded to the claim of this case and received the claim of this case from the plaintiff in this court, the plaintiff succeeded to the plaintiff, but the plaintiff still has the status of a party to this case since the plaintiff did not withdraw from the lawsuit of this case, the determination

(See Supreme Court Decision 2002Da16729 delivered on July 9, 2004). A.

Plaintiff

The summary of the argument is that the Plaintiff lawfully acquired the instant loan claims from the Dongyang Life Insurance on November 27, 2012, and the Defendant paid the Plaintiff the principal and interest of the instant loan KRW 18,762,273 and the principal and interest thereof 10,000.

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