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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 6, 2015, the Defendant received a loan of KRW 3,00,000 at the interest rate of KRW 29.9% per annum, KRW 29.9% per annum, KRW 29.9% per annum, and KRW 6,00 on May 6, 2018. The Defendant delayed the repayment of the loan from January 16, 2017.
(hereinafter “Claims for loans of this case”). (b)
On May 30, 2017, the Plaintiff acquired the claim for the instant loan from C Co., Ltd.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, the assignee of the instant loan claim of this case, the principal amounting to KRW 3,00,000,000, and damages for delay calculated at the rate of 29.9% per annum, which is the agreed delay interest rate, from January 16, 2017 to the date of complete payment.
I would like to say.
B. The Defendant’s assertion 1) asserts that the Plaintiff’s claim is groundless since it was not notified of the assignment of claim regarding the claim for the instant loan, the Defendant asserts that the Plaintiff’s claim is groundless. 2) However, the transferor’s notification of the assignment of claim is a notification to the obligor that “the transferor transferred the relevant claim to the assignee,” and its effect takes effect upon the delivery of the notification to the obligor. Here, the arrival refers to the situation in which the other party is deemed to have been in an objective state where the other party could have known of the content of the notification under social norms, and it is not necessary
In addition, if a notice of the assignment of claims is presented in the pleading of a gold claim filed against the obligor by the assignee as evidence, then the obligor can be informed of the fact of the assignment of claims, which is the content of the documentary evidence, by the display of the documentary evidence, according to social norms.