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(영문) 서울중앙지방법원 2017.09.22 2017나11123
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. Basic facts

A. On May 4, 2001, the Defendant borrowed KRW 1 million from Hyundai Switzerland Mutual Savings Banks (hereinafter “instant loan”).

B. On October 28, 2002, the said savings bank transferred the instant loan claims to the Korea Asset Management Corporation, and at that time, notified the Defendant of the transfer of claims.

C. On June 29, 2005, the Korea Asset Management Corporation filed a lawsuit against the Defendant with Suwon District Court 2005Kadan42923, and sentenced on November 17, 2005, “the Defendant shall pay the Korea Asset Management Corporation 1,648,044 won and 1,043,100 won among them at the rate of 20% per annum from May 14, 2005 to the date of full payment,” and the above judgment became final and conclusive on January 10, 2006.

On August 28, 2012, the Plaintiff received the transfer of the instant loan claim from the Korea Asset Management Corporation (hereinafter “transfer of claims”) and was delegated with the authority to notify the instant transfer of claims around that time.

E. Meanwhile, the notice of assignment of the instant claim (Evidence A8) prepared by the Plaintiff was submitted as evidence to this court, and was served on August 4, 2017 to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the defendant is obligated to pay the plaintiff who acquired the claim of this case the amount of KRW 1,648,04 and the amount of KRW 1,043,10 per annum from May 14, 2005 to the day of full payment.

B. The defendant's assertion 1 argues that since the defendant did not receive the notification of the assignment of claims of this case, it cannot respond to the plaintiff's claim.

The arrival of notice of assignment of claims refers to a situation in which the obligor could have known the content of the notification by social norms, and the obligor received the notification in reality or knew the content of the notification.

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