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1. Revocation of a judgment of the first instance;
The defendant shall pay to the plaintiff KRW 7,080,642 as well as KRW 5,145,204 as to the plaintiff on November 10, 2014.
Reasons
Facts of recognition
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including the number of branch numbers), the defendant transferred the instant loan claims to the plaintiff on November 1, 2002 to December 23, 2002, with a maturity of KRW 5,200,000 from Samsung Bio-stock Co., Ltd. (hereinafter "Tsung Bio-resources") for a maturity of October 31, 2003; the agreed rate of KRW 12.6%; overdue interest rate of KRW 17% (hereinafter "the instant loan claims"); Samsung Bio-resources transferred the instant loan claims to the plaintiff on December 21, 2013; and the plaintiff delegated the authority to notify the above assignment of claims.
Judgment
According to the above facts of recognition, the defendant is obligated to pay the principal, interest, and delay damages on the loan claim of this case, and the loan claim of this case was transferred from Samsung Bio-resources to the plaintiff.
I will examine whether the requirements for setting up against the assignment of claims have been met.
It is insufficient to recognize that Gap's notice of assignment of claim No. 3 was given with the notice of the above assignment of claim No. 3, and it is unclear whether it was sent by content-certified mail.
The notification of the assignment of claims by public notice of this case is a notification of the transferor to the obligor that the transferor transferred the claims to the obligor, and the notification becomes effective upon the obligor’s arrival of the notification. Here, the arrival refers to a situation in which the other party is acknowledged to have been in an objective state through which it is possible for the obligor to know the content of the notification according to social norms. It is not necessary that the obligor has actually received the notification or he has known the content
(see, e.g., Supreme Court Decision 82Meu439, Aug. 23, 1983). A notice of assignment of claims is given at the pleadings of a claim for acquisition money that the assignee raised against the debtor.