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(영문) 서울중앙지방법원 2017.08.30 2017가단5111430
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 71,518,001 as well as KRW 38,512,578 among them, from April 21, 2017 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 4

B. As to the Defendant’s assertion 1), the Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim on the grounds that it did not receive the notice of assignment from the transferor. However, in full view of the overall purport of the pleadings in each of the statements in the evidence Nos. 2 and 3, the Defendant asserts that, at the time of the transfer by content-certified mail, the Defendant sent the notice of assignment to “Seoul Seongdong-dong B apartment 103 Dong 605, which is the Defendant’s domicile,” and that, at the time of the transfer by content-certified mail, the obligor sent the notice of assignment to “Seoul Seongdong-dong B apartment 103 Dong 605, which is the Defendant’s domicile,” and that the recipient sent the notice of assignment to the Defendant’s domicile as of June 12, 2017, even if the said notice was not delivered to the Defendant, the Defendant’s assertion that the Defendant received the said notice of assignment on July 12, 2017, and thus, cannot be accepted.

However, since the payment order of this case was applied on March 14, 2017 before the five years have elapsed since April 30, 2012 when the debt of this case was incurred, this assertion cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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