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(영문) 창원지방법원 2017.08.09 2016나3595
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. On February 7, 2001, the Defendant purchased one vehicle from Samsung Capital Co., Ltd. (hereinafter “Seoul Capital”) and borrowed KRW 17,800,000 at an annual interest rate of 11.8%, the first payment date on March 15, 2001, and 120 months in installments.

B. The transfer of the claim 1) Samsung Capital's claim on April 30, 2003 for installment payments under the automobile installment financing contract as stated in the above paragraph (a) (hereinafter "claim of this case").

(2) On May 13, 2005, the Korea Asset Management Corporation transferred the instant claims to the Plaintiff pursuant to Article 7(1) of the Asset-Backed Securitization Act, and notified the Defendant of the content certification on June 16, 2005.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s alleged Korea Asset Management Corporation received the instant claim from Samsung Capital, and the Plaintiff received the instant claim from the Korea Asset Management Corporation in sequence, and notified the transfer of the claim in sequence, and thus, the Defendant is obligated to repay the loan to the Plaintiff.

B. The defendant's assertion that the defendant did not receive the notice of the assignment of the claim of this case from Samsung Capital, and there is no way to accept the assignment of the claim, so the plaintiff as the transferee of the claim cannot exercise the claim of this case against the defendant.

3. We examine whether the assignment of the claim in this case is lacking of the requisite for setting up against the assignment of claim, as seen earlier, the transfer of the claim in this case was made pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and Article 7 (1) of the Asset-Backed Securitization Act, and the statement in the evidence No.

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