1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The gist of the Plaintiff’s assertion is that on December 22, 2010, the Defendant borrowed 3 million won from MSS Mutual Savings Banks (hereinafter “MS Mutual Savings Banks”) at the interest rate of 37.8% per annum, 39% per annum, and 24 months during the lending period.

The defendant did not pay the principal from August 31, 2013.

MS Mutual Savings Bank on March 31, 2012, transferred the above loan claims to Aprop Capital Co., Ltd. (Korean Ap Capital Co., Ltd., Ltd., a trade name before the change; hereinafter referred to as “App Capital”) on December 31, 2013, App Capital loan to App Capital Loan Co., Ltd. (hereinafter referred to as “Pp Capital Loan”), and Pp Capital Loan to the Plaintiff (Ap Capital Loan Co., Ltd., a trade name before the change) on February 22, 2014, and notified the Defendant of the transfer of claims.

Therefore, the Defendant, as the assignee of the above loan claim, is obligated to pay to the Plaintiff the remaining principal amount of the loan and delayed payment damages.

2. The transferor cannot set up against the obligor unless the obligor has notified the obligor of the nominative claim or the obligor has consented thereto.

(Article 450(1) of the Civil Act. According to the evidence No. 1, the fact that the notice of transfer of credit and the notice of pledge in the name of the plaintiff joint, "Yindo apartment B, 301 Dong-dong 804, on April 23, 2014, was sent by content-certified mail," which is the defendant's domicile on April 23, 2014. On the other hand, the fact that the payment order, etc. of this case was served several times, but it was impossible to serve because of "influence" or "the unknown whereabouts of reception" is obvious in the record. Thus, it is insufficient to recognize that the above fact alone delivered the notice of transfer of credit to the defendant, and there is no other evidence to acknowledge it otherwise.

In addition, there is no evidence to prove that the defendant expressed his/her intent to accept the above assignment of claims.

Therefore, Article 450(1) of the Civil Act is applicable to the plaintiff.