1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On December 11, 2015, in the case of loans of the Incheon District Court 2015 tea31365, which was filed against the Defendant, Nonparty Company (hereinafter the “Nonindicted Company”) issued a payment order with the effect that “the Defendant would pay to the Nonparty Company KRW 16,264,161, and delay damages therefor,” and the said payment order became final and conclusive on December 29, 2015.

B. On February 20, 2017, Nonparty Company was the Defendant against the Plaintiff.

On March 30, 2017, the Defendant transferred the claims indicated in the port, and sent the notice of the assignment of claims to the Defendant’s domicile by stating “In Mancheon-gu B apartment, Mancheon-gu, 303 Dong 1007. However, the said notice of assignment of claims was not served on April 3, 2017 on the ground of the addressee’s unknown whereabouts. Meanwhile, on the abstract of the resident registration record card, the Defendant was deemed to have made a move-in report on December 15, 2015 with “In Mancheon-gu C apartment, Mancheon-gu, and 102 Dong 407, which is the present domicile,” and the Defendant appears not to have actually resided in the

[Reasons for Recognition] Each entry of Gap's 1 to 5, and a significant fact to this court

2. The transferor shall not be required to notify the obligor of the nominative claim, or set up against the obligor unless the obligor approves it.

(Article 450(1) of the Civil Act. However, according to the above facts, the notice of assignment of claims that the non-party company provided to the defendant cannot be deemed to have been placed in an objective state where the defendant, who is the debtor, is able to know the contents of such notice under the social norms, and thus, it cannot be deemed that it

Furthermore, if a person who is assigned a claim intends to obtain an execution clause as a successor, he/she shall prove the fact of notification or consent to the debtor, who is a requisite for setting up against the debtor. However, as long as the notification of the assignment of claim to the debtor made by the non-party company is deemed invalid, the plaintiff

Supreme Court Order 7 April 2015