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(영문) 서울중앙지방법원 2016.03.30 2015나48541
양수금
Text

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.

Reasons

1. On April 12, 2010, the Plaintiff’s assertion Oral Capital Co., Ltd. (former Korean Non-Financial Corporation) lent KRW 1,50,000 to the Defendant at an interest rate of 38.81% per annum and April 12, 2013 on the expiration date of the lending period. On December 2, 2013, the Plaintiff acquired the above loan claim from Oral Capital Co., Ltd., and on February 22, 2014, the Plaintiff acquired the above loan claim from Oral Capital Loan Co., Ltd., Ltd., and thus, the Defendant is obligated to pay the Plaintiff the above loan claim.

2. A transferee of a judgment claim shall be liable to prove that the transferor has notified the debtor of the assignment of claim, or that the debtor has consented to the assignment of claim.

(See Supreme Court Decision 90Meu27662 delivered on November 27, 1990). According to the evidence No. 6, each transferor of the above loan claims, which was pending in the appellate trial of this case, sent a notice of transfer to the defendant's domicile by content-certified mail, but in light of the fact that each transferor of the above loan claims delivered a notice of transfer to the defendant's domicile by content-certified mail, the first instance court of this case and all the litigation procedures of the appellate court related to the defendant were served by service by public notice, the mere fact of the above dispatch alone was delivered to the defendant.

It is insufficient to recognize that the defendant accepted the above assignment of claims, and there is no other evidence to acknowledge it, and the plaintiff's above assertion is without merit without further examination.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just and it is dismissed as the plaintiff's appeal is without merit. It is so decided as per Disposition.

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