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(영문) 서울중앙지방법원 2019.07.11 2019나3157
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. Facts of recognition;

A. C Co., Ltd. filed a lawsuit against the Defendant claiming restitution of unjust enrichment under Daegu District Court Decision 2008Gaso216614.

The above court made a decision on performance recommendation (for the defendant's 381,090 won and its 381,090 won, from October 22, 2005 to the service date of a copy of the complaint, the court ordered the defendant to pay 5% interest per annum of 20% interest per annum from the next day to the day of full payment, and the summary of the cause of the claim is as shown in the attached Form).

On October 15, 2008, the decision of performance recommendation was served on the defendant on October 15, 2008 (According to the result of the case search conducted by the Supreme Court, around October 19:57, 2008, the defendant himself/herself was directly served on the defendant in North-gu, Mapo-si, North-si, Mapo-si), and the decision was finalized on October 30, 2008 because the defendant did not raise any objection within two weeks.

B. The Plaintiff is a corporation established to purchase non-performing loans and manage purchased bonds.

C Around October 28, 2013, a corporation transferred to the Plaintiff claims based on the decision of performance recommendation.

The Plaintiff received delegation of authority to notify the assignment of claims and notified the Defendant of the assignment of claims by serving a duplicate of the complaint of this case.

[On October 10, 2018, after the filing of the instant lawsuit, the notice of assignment of claims (A three content-certified mail) sent to the Defendant by the Plaintiff on or around October 10, 2018 is sent to the Defendant’s past domicile (see, e.g., the resident registration information submitted in the instant case, Sept. 10, 2018), and the said mail shall be deemed not to have been sent to the Defendant, barring any special circumstances]

2. Article 5-7 (Effect of Decision on Performance Recommendation) (1) of the Act on Trial of Small Claims that have the same effect as a final and conclusive judgment on performance recommendation shall have the same effect as a final and conclusive judgment in any of the following cases:

1. Where the defendant fails to file an objection within the period under Article 5-4(1).

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