logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.24 2017가단224534
양수금
Text

1. The defendant shall pay to the plaintiff KRW 48,387,869 out of KRW 134,71,976 and the above amount from June 2, 2006 to the day of full payment.

Reasons

1. Determination as to the plaintiff's claim for the amount of takeover (a final judgment)

(a) Fact-finding 1) Solomon Savings Bank (hereinafter referred to as the " Solomon Savings Bank")

(2) On June 21, 2006, the Seoul Central District Court rendered a judgment on February 2, 2007 that “the Defendant shall pay the same amount as the claim stated in the purport of the claim to Solomon Savings Bank” and this judgment became final and conclusive on March 23, 2007. (2) On April 26, 2011, the Solomon Savings Bank transferred the said final and conclusive claim to the Plaintiff.

3) On July 13, 2011, the Solomon Savings Bank notified the Defendant of the assignment of the above credit by content-certified mail. 4) On April 13, 2012, the Plaintiff filed an application with this court for the attachment and collection order of claims as of April 18, 2012, with the execution title of the above final judgment on April 13, 2012, this court decided to collect the attachment as of April 18, 2012, and this decision reached the third obligor on April 20, 2012, respectively.

5) The Plaintiff submitted a written notice of assignment of claims by Solomon Savings Bank with respect to the claim for the final and conclusive amount in the instant pleadings (Evidence A 3). [In the instant pleadings, the Plaintiff’s written notice of assignment of claims by Solomon Savings Bank was submitted (Evidence A 3).]

B. In light of the facts acknowledged above, the Defendant is obligated to pay the Plaintiff the same claim acquisition money as the written order.

2. The defendant's assertion and defense

A. As to the assertion that there is no notification of transfer, the legal principle 1) is interpreted to mean that the transferor (former creditor) has transferred the claim to the obligor to the assignee (new creditor) and that the notification takes effect upon the arrival of the obligor, and that the arrival refers to the situation in which the obligor is recognized as known by social norms.

arrow