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(영문) 서울북부지방법원 2020.08.19 2019나39520
양수금
Text

1. The judgment of the first instance, including a claim reduced by this court, shall be amended as follows:

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. On August 24, 2009, C Co., Ltd. (hereinafter “C”) set the interest rate of KRW 5,000,000 to the Defendant at 45.9% per annum, and agreed to lend (e.g., terms and conditions of equal repayment of the principal and interest) to the Defendant, and transferred KRW 4,875,000, which deducts 125,000 won on the same day (2.5%) to a bank account under the name of the Defendant.

B. On May 16, 2012, the Plaintiff acquired the above claim against the Defendant by transfer, and delegated the authority to give notice of assignment of claims by the said company, and sent the notice of assignment of claims to the Defendant’s domicile on June 27, 2012 by means of content certification.

C. As of August 7, 2012, the principal and interest of the Plaintiff’s claim against the Defendant for the amount of the transferred-in deposit remains in KRW 3,883,469, interest or delay damages, and KRW 3,501,034.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 8, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 7,384,503 (i.e., principal and interest of KRW 3,883,469 or interest of KRW 3,501,034) and damages for delay calculated at the rate of delay interest rate of KRW 45.9% per annum from August 8, 2012 to the date of full payment, which is the day following the above base date, to the Plaintiff, barring special circumstances.

[Defendant asserted that the Plaintiff did not receive the notification of the assignment of claims from the Plaintiff, but in light of the purport of the relevant provisions, such as the Postal Service Act, in a case where the mail was sent by content certification, it shall be deemed that the mail was delivered to the addressee at that time, barring any special circumstances, such as return, etc. (see Supreme Court Decision 2011Da31751, Sept. 8, 201). As seen earlier, the Plaintiff sent the notification of the assignment of claims to the Defendant’s domicile on June 27, 2012 by content certification method, and inasmuch as there is no evidence that the said notification was returned, it is reasonable to deem that the said notification of the assignment of claims reached the Defendant.

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