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(영문) 서울중앙지방법원 2017.10.18 2017나15620
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. Basic facts

A. On August 7, 2013, Nonparty A&P (hereinafter “Nonindicted Company”) concluded a loan transaction agreement with Defendant on a loan limit of KRW 10,00,000 (the first loan amount of KRW 5,000,000), interest rate and delay damages rate of KRW 38.81% per annum, and the loan maturity of August 7, 2018.

(hereinafter “instant loan agreement” and “the instant loan claim” under the instant loan agreement. B.

The non-party company loaned 5,00,000 won to the Defendant on August 7, 2013, and 2,000,000 won on January 28, 2014, respectively.

C. From March 24, 2014, the Defendant defaulted on the obligation to pay interest under the instant loan agreement, and thereafter lost the benefit under the instant loan agreement. The principal of the loan under the instant loan agreement as of March 24, 2014 is KRW 6,973,418.

On the other hand, on July 31, 2014, Nonparty Company transferred the instant loan claim to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 4, 6, and 7, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's gist of the plaintiff's assertion is a legitimate transferee of the loan claim of this case, and the defendant is obligated to pay the plaintiff the principal amount of the loan claim of this case and damages for delay.

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 notification of the assignment of nominative claim in this case reaches the Defendant, the obligor, on the sole basis of the statement in the evidence Nos. 450(1) of the Civil Act, No. 5, No. 8,

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 otherwise.

Therefore, the plaintiff set up against the assignment of nominative claim as stipulated in Article 450 of the Civil Code with respect to the transfer of the claim of this case.

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