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(영문) 서울남부지방법원 2017.02.02 2016가합108756
양수금
Text

1. As to KRW 329,263,66 and KRW 240,00,00 among them, the Defendant shall pay to the Plaintiff the year from January 3, 2017 to February 2, 2017.

Reasons

1. Basic facts

A. 1) An agreement between the Defendant and the Saemaul Bank of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the

(2) The Defendant paid KRW 10,000 out of the instant loans to the Defendant’s account on the same day (the amount calculated by subtracting KRW 75,000 from revenue stamps in KRW 250,000). However, the Defendant paid KRW 10,00,000 from the instant loans, but the Plaintiff did not pay the remainder of the principal and interest, resulting in a cause for loss of interest under the said loan contract.

B. (1) On January 9, 2014, an unclaimed Saemaul Savings Depository transferred all of the principal and interest of loans of this case to the Defendant to the Korean Federation of Community Credit Cooperatives (hereinafter referred to as “transfer of the principal and interest of this case”).

(2) On August 7, 2015, the Korean Federation of Community Credit Cooperatives once again transfers all of the principal and interest of the instant case to the Plaintiff (hereinafter “transfer of claim No. 2”).

(2) At the time of the assignment of the instant claim, the principal and interest of the Defendant was KRW 240,00,00,000, and the attempted interest was KRW 329,263,66,66, which was the sum of KRW 89,263,66.2) The Plaintiff was authorized to notify each of the instant assignment of claims by the Undong Saemaul Depository and the Korean Federation of Community Credit Cooperatives, and the Plaintiff was notified the Defendant of the fact of the instant assignment of claims (hereinafter referred to as the “Notification of the instant transfer”) by being served on the Defendant on January 2, 2017, when the briefs of December 15, 2016, stating the intent to notify each of the said assignment of claims.

[Around September 16, 2015, the Plaintiff sent a notice of assignment of claims to the Defendant and divorced by agreement with the Defendant on September 21, 2015 (the Defendant and the Defendant on August 9, 2010).

In a situation where the defendant asserts that he was unable to receive the above notice from the above B, as long as there is no other evidence to prove the fact of delivery, the notice of assignment of claims at September 2015 is difficult to recognize its validity.

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