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(영문) 서울남부지방법원 2016.05.26 2015가합4383
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 438,00,818 and KRW 198,477,679 from July 22, 2015.

Reasons

1. Facts of recognition;

A. On June 2, 2005, on the loan commencement date of the loan of KRW 200 million to Defendant A on June 2, 2005, and on June 2, 2008, the loan expiration date of the loan period of KRW 18% per annum, and Defendant B and C jointly guaranteed Defendant A’s obligations.

B. On April 1, 2010, the Daegu-dong Saemaul Savings Depository (the name of the Korea Saemaul Savings Depository was changed to the Korea Saemaul Savings Depository Federation on September 1, 201; hereinafter “Korea Saemaul Savings Depository”). On April 18, 2014, the Korea Saemaul Savings Depository Federation ( regardless of whether it was before or after the change of the name; hereinafter “Korea Saemaul Savings Depository Federation”), the Korea Saemaul Savings Depository Federation assigned the principal and interest of loans to the Plaintiff (hereinafter “instant bonds”).

C. Meanwhile, on April 18, 2014, the Dae-dong Saemaul Depository granted the power of representation to the Federation of the Saemaul Savings Depository to notify the assignment of claims.

On December 1, 2014, the Korean Federation of Community Credit Cooperatives sent a notice of assignment of claims with Defendant A’s successive transfer of the instant claim to Daegu Suwon-gu D (the place indicated in Defendant A’s address on May 31, 2005’s certificate of personal seal impression). On October 13, 2015, the Korean Federation of Community Credit Cooperatives sent a notice of assignment of claims similar to the above to “ Daegu Suwon-gu E” with Defendant A as receiver.

(hereinafter referred to as “each transfer notification of this case” in total. D.

As of November 28, 2014, the principal and interest of the instant bonds are KRW 198,477,679, and interest KRW 239,523,139, in total, KRW 438,00,818.

[Ground of recognition] Each entry of Gap 1 or 13 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. The arrival of an assignment of claim refers to a state 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 in reality or to have known the content of the notification.

Supreme Court Decision 82Meu439 delivered on August 23, 1983

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