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(영문) 부산지방법원 2020.11.13 2020나48963
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

Claim:

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established to conduct the acquisition, liquidation and corporate restructuring of non-performing loans in financial institutions pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, the duties of supporting credit recovery of persons alienated from the financial institutions, and the administration

B. B Co., Ltd. filed a lawsuit against the Defendant, etc. on August 17, 2009, Seoul Central District Court 2009Gapo220241, and the above court rendered a decision on performance recommendation with the purport that “The Defendant shall pay to B Co., Ltd. the amount calculated at the rate of 17% per annum from July 23, 2009 to the date of full payment” with respect to KRW 9,941,273 and KRW 6,871,478, whichever was earlier, to KRW 17% per annum from July 23, 2009.” The decision on performance recommendation was finalized on September 4, 2009.

C. On January 26, 2018, the Plaintiff acquired the foregoing judgment claim from the said B Co., Ltd., and notified the transfer to the Defendant on behalf of the transferor.

The principal and interest of the above judgment is KRW 20,317,721, total of KRW 6,871,478 and interest KRW 13,446,243 as of July 8, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4, 5

2. The parties' assertion and judgment

A. As to the Plaintiff’s claim for the above transfer money, the Defendant asserted that the above transfer of claim was not notified.

B. The fact that the Plaintiff sent the notice of assignment of claims to the Defendant as the agent for notification business of B Company B on January 26, 2018 can be acknowledged by the statement of evidence No. 3, and on the other hand, the arrival of the notice of assignment of claims refers to the situation in which the obligor could have known of the content of the notice, and it is not necessary for the obligor to have actually received the notice or to have known of the content of the notification. Since the special method is not required for the notice of assignment of claims, if the obligee submitted the notice of assignment of claims as a litigation document and the obligor received it, it shall be served.

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