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(영문) 서울북부지방법원 2017.06.23 2016나36575
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 6,327,671 among the Plaintiff and KRW 3,964,310 among the Plaintiff, as to February 16, 2016.

Reasons

1. Basic facts

A. The Defendant purchased a motor vehicle on or around March 23, 201, and borrowed 5,80,000 won from the Dongyang Life Insurance Co., Ltd. (hereinafter “Nonindicted Company”) on a yearly interest rate of 28.9%, an overdue interest rate of 29%, and a loan period of 36 months.

(hereinafter “instant loan”). (b)

On April 29, 2015, Nonparty Company entrusted the Plaintiff with the power to notify the assignment of claims while transferring the instant loan claims to the Plaintiff.

C. As of February 15, 2016, the principal and interest of the instant case are KRW 6,327,671 (i.e., principal and interest of KRW 3,964,310 (i.e., principal and interest of KRW 2,144,071).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. The notification of the assignment of claims by relevant legal doctrine refers to the transferor's notification of the fact that the transferor has transferred the claim to the obligor and its effect takes effect upon the obligor's arrival. Here, the arrival refers to the situation in which the other party's notification is acknowledged to be in an objective state through which it is possible for the obligor to know the content of the notification by social norms. It is not necessary that the obligor has actually received the notification or he has

(See Supreme Court Decision 82Meu439 delivered on August 23, 1983, etc.). In addition, in a case where the assignee presented the notice of assignment of the transferor's name in the pleading of a claim for transfer money which was raised against the debtor by the method of evidence, if the assignee presented the notice of transfer of the transferor's name in the pleading of the claim for transfer money which was raised against the debtor by the method of evidence, the obligor may be aware of the fact of the transfer of the obligation, which is the contents of the documentary evidence

(See Supreme Court Decision 4293No455 delivered on December 15, 1960). B.

Judgment

In light of the above legal principles, No. 3 was submitted by the Plaintiff to the court of first instance on May 26, 2015.

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