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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
The assignment of a claim refers to a contract between the former creditor, the transferor and the new creditor, which aims to transfer the claim from the former to the latter, while maintaining the identity of the claim. The claim by the assignment of a claim does not lose its identity and is transferred from the transferor to the assignee. This legal doctrine also applies even if it fails to meet the requirements for setting up against the assignment of claim, and even if it does not meet the requirements for setting up against the obligor, the right and obligation the conditions of which have not been fulfilled may be disposed, inherited, preserved, or secured in accordance with the general rules, and Article 149 of the Civil Act can be applied mutatis mutandis to the case of the transferee of the claim by the assignment of the claim, even if it is not asserted against the obligor because it does not meet the requirements for setting up against the obligor, and the transferee of the claim by judicial proceedings against the obligor cannot be deemed to be "the transferee of the claim who is entitled to set up against the obligor," in light of the above,
(See Supreme Court Decision 2005Da41818 Decided November 10, 2005). Based on its stated reasoning, the lower court determined that the extinctive prescription of the instant claim was interrupted at the time of the application for the instant payment order, even if the Plaintiff, the assignee of the instant claim, filed an application for the instant payment order seeking payment of the instant claim, and was served on the Defendant with a notice of transfer prepared by the transferor on the original copy of the payment order, and even if the Plaintiff did not meet the requirements for setting up against the assignment of claim against the Defendant, the obligor, at the time of
Examining the records in accordance with the above legal principles, the lower court determined as above on the basis of the facts and grounds of recognition as stated in its reasoning.