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(영문) 서울남부지방법원 2016.06.16 2015가합111601
양수금
Text

1. The Defendant’s interest rate of KRW 1,020,780,191 among the Plaintiff and KRW 228,123,881 among the Plaintiff shall be from March 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 28, 2000, the amended Saemaul Fund (the amended Saemaul Fund changed its name to the Dosan Saemaul Fund on December 4, 2014; hereinafter “the amended Saemaul Fund”) loaned KRW 390,200,000 to the Defendant on April 28, 200 on the date of loan commencement, April 28, 2000; the loan period expires; the interest rate of KRW 12.5% per annum; and the delayed interest rate of KRW 19% per annum.

B. On April 18, 2014, the amended Saemaul Fund transferred the above principal and interest loan claim (hereinafter “instant claim”) to the Plaintiff.

C. As of April 18, 2014, the principal and interest of the instant bonds are KRW 1,020,780,191 in total, the principal and interest of KRW 228,123,81 in total, and interest of KRW 792,656,310 in total.

[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings

2. Determination on the claim for the amount of takeover

A. The arrival of notification of assignment of claims of the relevant legal doctrine refers to a situation in which the obligor could have known the content of the notification by social norms, and it is not necessary for the obligor to receive the notification or to have known the content of the notification.

(See Supreme Court Decision 82Meu439 delivered on August 23, 1983, etc.). Also, since the notification of assignment of claims is not required by any special method, if a creditor submits the notification of assignment of claims in a lawsuit document and the debtor is served with it, it shall be deemed that the notification of the assignment of claims was made at the time of service (see, e.g., Supreme Court Decision 4293Hun-Ba455 delivered on December 15, 1960). The same applies to cases where the transferee files a lawsuit against the debtor for the claim for the transfer of claims against the transferee and submits the notification of the transfer of claims prepared upon delegation by the transferor

B. According to the records, the Plaintiff submitted a written notice of assignment of claims (Evidence A6) on May 16, 2016, and such written notice was served by means of service by public notice to the Defendant on the 18th day of the same month, and at least on the date of service, the notice of transfer of the instant claim is given.

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