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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 June 9, 2010, the Defendant borrowed KRW 2,500,000 from Nonparty C Co., Ltd. at an interest rate of 39% per annum, and the loan period of 9% by June 2013 (hereinafter “instant loan claim”), and delayed payment of interest from January 6, 2011.
B. C Co., Ltd. transferred each of the instant loans claims to Nonparty D Co., Ltd. on September 30, 201, and D Co., Ltd. to the Plaintiff on February 22, 2014, and each of the instant claims transferor notified the Defendant of each of the instant loans claims by content-certified mail around April 23, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the claim for the instant loan, the interest rate of 39% per annum from January 6, 2011 to the date of full payment, interest rate of 39% per annum and delay damages rate, barring special circumstances.
3. Judgment on the defendant's assertion
A. 1) The Defendant is doubtful as to whether the transfer and acquisition of the instant loan claims are proper, and the Defendant asserts that the transfer of the instant loan claims is null and void, inasmuch as the transferor did not notify the transfer of the assignment of claims or the notification of the transfer of claims did not reach the Defendant. 2) The fact that the instant loan claims were transferred from C Co., Ltd. to the Plaintiff via D Co., Ltd. is as seen earlier.
In addition, barring any special circumstance, the content-certified mail is presumed to have been served at that time (see, e.g., Supreme Court Decision 2000Da20052, Oct. 27, 2000). The fact that each transferor of the loan claims of this case notifies the Defendant of each transfer of the loan claims of this case by content-certified mail around April 23, 2014 is as seen earlier, and the above content-certified mail is as follows.