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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 17,88,369 won to the intervenor succeeding to the plaintiff and 13,375.
Reasons
1. Basic facts
A. On June 21, 2002, E Co., Ltd. lent 14,650,000 won to the Defendant at the rate of 24% per annum.
(hereinafter “instant loans”). (b)
E A. On December 28, 2004, the E Co., Ltd. (the trade name was changed to F, B, G, and A in sequential order) transferred the instant loan claims to the Plaintiff (the Plaintiff, Jun. 11, 2010, to H (the trade name was changed to F, B, G, and H in sequential order). He Co., Ltd. on November 11, 201, to J Co., Ltd., and the J Co., Ltd. to the Plaintiff’s Intervenor (hereinafter “Successor”) on August 28, 2013.
C. Meanwhile, on October 2, 2002, the Defendant first delayed the Defendant’s loan obligation. Around December 2, 2002, the Defendant had already lost the benefit of time, and as of November 30, 2004, the Defendant’s claim for the loan of this case was KRW 13,375,515, overdue interest, KRW 4,512,854, totaling KRW 17,88,369.
The Plaintiff filed the instant lawsuit on May 30, 2008.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings
2. The notification of assignment of claims pursuant to the provisions of Article 450 of the Civil Act, which determines the cause of claims, shall not be made by the transferor, but by the transferor, through the deceased or by proxy, and the transferee of the claims may also be delegated with the authority of the transferor to notify the assignment of claims, and may give
In addition, when a transferee entrusted with the authority to notify the assignment of claims on behalf of the transferor, he/she must indicate the transferor him/herself and his/her agent pursuant to Article 114(1) of the Civil Act, so when the transferee gives written notification of the assignment of claims, he/she sent a notice of the assignment of claims under the name of the transferee
Even though this is not effective, so-called name indicating that it is for the principal in the representation is essential.