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 was determined on October 5, 2010 by the Defendant as the interest rate of KRW 2 million from a social loan Co., Ltd. (former trade name E&P lending Co., Ltd.; hereinafter “Apropy social loan”), 38.81% per annum, and the due date of repayment on October 5, 2013.

From June 22, 2011, the defendant did not pay the principal.

On January 31, 2012, Apropy social loan extended to the company for sleep Capital Loans (hereinafter “Ylice Capital Loans”) and on February 22, 2014, the slice Capital loan transferred the above loan claims to the Plaintiff in succession and notified the Defendant of the transfer of the above claims.

Therefore, the Defendant is obligated to pay the Plaintiff, the assignee of the above loan claim KRW 1,992,91 for the remaining principal 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.

(1) Article 450(1) of the Civil Act provides that “The notice of credit transfer” under the name of the Plaintiff and the YA shall be deemed to have been sent to the Defendant on March 20, 2014, and on the other hand, on October 13, 2009, the Defendant made the move-in report to the above domicile on October 24, 2012, but the ex officio residence was unknown on October 24, 2012. Since it is apparent in the record that the move-in report was issued as of October 24, 2017, it is insufficient to recognize that the said notification of credit transfer was delivered to the Defendant and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff cannot set up against the defendant due to the above claim acquisition, because he did not meet the requirements for setting up against the assignment of claim under Article 450 (1) of the Civil Code. Thus, the plaintiff's assertion is without merit

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit.