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(영문) 부산지방법원 2020.04.23 2019나65054
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant, on August 23, 1993, extended KRW 5,615,90 to B Co., Ltd., and KRW 15,740,826 to C Co., Ltd. on July 23, 1993 and did not repay it, thereby losing all of the benefit of time.

B. Around May 31, 2005, D Limited Liability Company acquired all of the above claims, interest incidental thereto, delay damages, etc. from B and C Co., Ltd., and around that time notified the Defendant of the assignment of claims with content certification.

C. D limited liability company filed an application with the Defendant for a payment order seeking the payment of the above amount of transfer money with Daegu District Court Decision 2009 tea2108. On June 18, 2009, D limited liability company issued a payment order with the content that “the Defendant would pay to the Plaintiff 101,021,504 won and damages for delay at the rate of 17% per annum from June 5, 2009 to the date of full payment” (hereinafter “the judgment in a prior suit”) with respect to KRW 21,356,726 from June 5, 2009 to the date of full payment. The judgment was finalized on August 28, 2009.

On January 26, 2018, the Plaintiff acquired the instant claim against the Defendant from D Limited Liability Company, and obtained the power to notify the assignment of claims from D Limited Liability Company, and sent the notice of the assignment of claims to the Defendant by means of content-certified mail on May 3, 2018.

However, the above notification of assignment of claims did not arrive at the defendant and was discarded to the director's unknown.

E. On November 29, 2018, the Plaintiff filed an application with the Busan District Court for the instant payment order seeking the payment of the acquisition amount as the Busan District Court Branch Branch No. 2018 tea57355, and the Defendant filed an objection and the instant lawsuit was pending.

F. On August 12, 2019, when the trial of the first instance of this case was in progress, the Plaintiff submitted a written notice of assignment of claims to the Defendant (a content-certified mail sent to the Defendant on May 3, 2018) as a documentary evidence, and the said documentary evidence was served to the Defendant on August 13, 2019.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The facts of the determination as to the cause of the claim.

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