1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On January 24, 2014, the purport of the Plaintiff’s assertion is to obtain a loan by setting the interest rate of 1 million won from a social loan company (a mutual finance company E&P took place before the change; hereinafter “Apropy social loan”) at the rate of 38.81% per annum, and the due date of repayment on January 24, 2017.

From February 26, 2014, the defendant did not pay the principal.

On June 30, 2014, Apropy social loans transferred the above loans to the Plaintiff and notified the Defendant of the transfer of the above credits.

Therefore, the Defendant, as the assignee of the above loan claim, is obligated to pay the Plaintiff the remaining principal of the loan and damages for delay.

2. The transferor cannot set up against the obligor unless the obligor has notified the obligor of the nominative claim or the obligor has consented thereto.

(1) According to Article 450(1) of the Civil Act, “Notice of Claim Transfer” under the name of Apropha social loan was sent on July 7, 2014, which is the Defendant’s domicile on July 7, 2014. On the other hand, it is evident in the record that the original copy of the payment order was served on several occasions from July 29, 2016 to the above address, but it was impossible to serve on the grounds of “director’s unknown” in the demand procedure prior to the submission of the instant lawsuit, and there is insufficient evidence to acknowledge that the said notification of claim transfer was delivered to the Defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff cannot set up against the defendant due to the above claim acquisition, because he did not meet the requirements for setting up against the assignment of claim under Article 450 (1) of the Civil Code. Thus, the plaintiff's assertion is without merit

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.