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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted as indicated in the attached Form No. 6, and according to the evidence No. 6, it is not sufficient to recognize that B limited liability company received a decision of acceptance on February 26, 2020 from the Defendant on February 26, 2020 by filing an application for service by publication of declaration of intent with the Incheon District Court 2019Karo10365, which was against the Defendant. However, it is not sufficient to recognize that B limited liability company notified the Defendant of the assignment of the instant claim (this evidence is merely a “the content of the instant application case,” and it does not appear in
2. Even if B limited liability company has received the above decision of acceptance for the notification of the transfer of the instant claim against the Defendant, the Defendant’s resident registration was already cancelled on August 25, 2006 (the cause of change: the cancellation on June 12, 2006) and thus, it constitutes a case of ordering service by public notice for service to be performed in a foreign country. However, if the service takes effect two weeks after the date of the execution of the above decision of acceptance, it is only deemed that the service by public notice has been ordered in the Republic of Korea.
3. Even if the assignee of a claim cannot set up against the obligor on the ground that he/she failed to satisfy the requisite for setting up against the obligor, if the assignee of the claim filed a judicial claim against the obligor, it shall be deemed a judicial claim which is the ground for interruption of extinctive prescription (see, e.g., Supreme Court Decision 2005Da41818, Nov. 10, 2005). However, inasmuch as the transferor did not notify the obligor of the assignment of a nominative claim or the obligor did not oppose the obligor without consent, the Plaintiff’s claim that did not satisfy the requirements
4. If so, the plaintiff's claim is dismissed as it is without merit.