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(영문) 서울북부지방법원 2020.07.09 2020가단113959
양수금
Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. According to the purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the whole pleadings, it is recognized that the facts are the same as the reasons for the claim in the attached Form. Thus, the defendant is obligated to pay KRW 50,000,000 to the plaintiff, barring any special circumstances

2. The defendant's assertion and judgment are asserted to the purport that the plaintiff cannot respond to the plaintiff's claim because the plaintiff is not a legitimate assignee, since there is no receipt of each notification of assignment of claims as alleged by the plaintiff.

Unless there are special circumstances, it is reasonable to view that a document evidencing contents was served at that time, barring special circumstances, if a document evidencing contents is not delivered and otherwise returned (see, e.g., Supreme Court Decision 2000Da20052, Oct. 27, 200). The arrival of quasi-legal acts, such as the notification of the transfer of claims, refers to the time when the obligor is placed in an objective state where the obligor becomes aware of the contents of the notification in light of social norms, such as the declaration of intent, and it is not necessary until the obligor actually received the notification

(2) In light of the above legal principles, the notice of assignment of claims by the plaintiff's assertion can be acknowledged through content-certified mail, and in the absence of any other evidence to prove that the above content-certified mail was returned, it is reasonable to view that the notice of assignment of claims by the plaintiff's assertion was legally delivered to the defendant. Thus, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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