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(영문) 서울중앙지방법원 2020.05.19 2019가단5292227
양수금(일부금)
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from November 8, 2019 to the date of complete payment.

Reasons

Basic Facts

On August 26, 2008, C Organizations (hereinafter “C Organizations”) entered into a credit transaction agreement that lends KRW 115,000,000 to the Defendant (hereinafter “the instant credit transaction agreement”) and accordingly, loaned the above amount.

(hereinafter “instant loan”). C Group transferred the instant loan claim to a non-party company on March 29, 2013 in accordance with the asset transfer agreement concluded with D Limited Company (hereinafter “Non-Party Company”). On March 12, 2013, a notice of assignment of claims stating the notice of said transfer was sent as content-certified mail around April 1, 2013.

On March 16, 2015, the non-party company received 82,395,209 won from the executing court and collected 85,108,216 won for the execution of the same day, based on the claim statement submitted with the principal amount of KRW 115,00,000, interest amount of KRW 44,497,121 in Suwon District Court E Real Estate Auction case (hereinafter “related auction case”).

On December 15, 2015, which was concluded with the Plaintiff on December 14, 2015, Nonparty Company transferred the claim for the instant loan to the Plaintiff on December 15, 2015, and the assignment notice stating the said transfer notice was sent by content-certified mail around January 14, 2016.

The instant loan claim was KRW 115,00,000 as of March 16, 2015, and interest KRW 44,497,121.

[Ground] Facts without dispute, Gap evidence Nos. 1 and 2-1, 2, 3 through 11, and all of the arguments' claims are notified to the obligor that the transferor transferred his/her claim to the assignee, and such notification takes effect upon arrival of the obligor. The arrival refers to the situation in which the obligor is recognized as being in an objective condition in which the obligor is aware of the content of the notification in light of social norms. The notification is actually received by the obligor or its notification.

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