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(영문) 서울북부지방법원 2018.07.24 2018가단104914
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 269,928,170 and KRW 148,448,495 among them, from December 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 13, 2007, Han Bank lent KRW 80,000,000 to the Defendant around August 31, 2011, and KRW 134,00,000 to the Defendant.

(hereinafter “The instant loan credit”). (b)

On September 27, 2012, Han Bank Co., Ltd. transferred the instant loan claims to Korea EF&A No. 29 securitization specialized company. Since then, the instant loan claims were transferred in sequence to the Plaintiff around February 18, 2014, around April 18, 2014, the studio asset management loan company and the stud asset management loan company around November 14, 2014, and each of the instant claims assignment was notified.

C. As of December 13, 2017, the principal and interest of the loan claim as of December 13, 2017 are KRW 269,928,170 (principal interest of KRW 148,448,495) (interest of KRW 121,479,675). The interest rate in arrears is 17% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, 269,928,170 won of the principal and interest of the loan and 148,448,495 won of the principal and interest of the loan, which are 17% per annum from December 14, 2017 to the date of full payment.

3. Judgment on the defendant's assertion

A. As to this, the defendant asserts that the plaintiff's claim is without merit, since it is not timely notified of the assignment of claims by Han Bank and Seo-gu Asset Management Loan Co., Ltd.

B. The notification of the transfer of claims is a notification of the transferor to the obligor that the transferor transferred the claim to the obligor, and its effect takes effect upon the obligor’s arrival. Here, the arrival refers to the situation in which it is recognized that the other party was placed in an objective state where the other party can know the content of the notification by social norms. The notification is practically received by the obligor or the content of the notification was known.

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