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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. The judgment D on the cause of the claim lent KRW 6 million to the Defendant on March 24, 2005. In this case, C’s joint and several surety for the above obligation, D’s transfer of the above obligation to the Plaintiff on October 26, 2010, and the fact that it was sent to the Defendant on November 22, 2010, which contained the purport thereof, may be recognized by each of the statements in the evidence Nos. 1 and 2 (including the serial number).
In addition, although the time of repayment of the above loan is not clearly indicated on the loan certificate attached to the copy of the contract for the transfer and takeover of the loan (Evidence A) and on the letter of repayment of the loan, in light of the statement that "the defendant shall deposit the amount in arrears at least two weeks in excess of the principal" at the bottom of the loan certificate, it is deemed that the defendant agreed to pay the principal within a relatively short period of time from the loan of the above money. Therefore, it is reasonable to view that the payment period of the above loan was already due prior to the lawsuit in this case where a considerable period of time
Furthermore, in a case where a content-certified postal item is sent by means of registration, barring special circumstances such as return, it shall be deemed that it was delivered to the addressee at that time (see, e.g., Supreme Court Decision 96Da38322, Feb. 25, 1997). Since special circumstances exist, such as the return of the above content-certified postal item sent to the defendant by D, it shall be deemed that the notice of the transfer of claims reached the defendant
Therefore, Defendant and C are jointly and severally liable to pay 6 million won and damages for delay to the Plaintiff, unless there are special circumstances.
2. As to the defendant's defense, the defendant asserted that he paid all the borrowed money from D, but there is no evidence to acknowledge it, and the defense is without merit.
3. If so, the defendant and C are jointly and severally liable to the plaintiff for 6 million won.