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(영문) 서울중앙지방법원 2018.10.17 2018가단5156867
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 328,010,254 and the amount of KRW 179,970,69 from June 23, 2018 to the date of full payment.

Reasons

1. According to Gap evidence Nos. 1 through 6 of the judgment as to the cause of the claim, the defendant borrowed KRW 50 million from the Bank of Korea (hereinafter "Korea Bank") on January 18, 2008. The above loan claims against the defendant of the Korean Bank against the defendant of the Korean Bank shall be as of December 21, 2012. The defendant is obligated to pay 328,010,000 won to the plaintiff as of December 27, 2012, as of December 27, 2012, as of December 18, 2014, 328,000 won as of February 18, 2014; the defendant's remaining debt repayment obligation of the defendant as of April 21, 2018 (i.e., principal amount: 179,970,970,979, 197, 296, 297, 296, 1637, 196, 27.7.6

2. The defendant's assertion that the defendant did not have received the notification of the transfer of claim. However, the notification of the transfer of claim is a notification of the transferor to the debtor that the transferor transferred the claim to the transferee, and its effect reaches the debtor, and the arrival here refers to the situation in which the other party is acknowledged to have been in an objective condition by which it is possible for the other party to know the content of the notification, and it is not necessary for the debtor to receive the notification or to know the content of the notification (see, e.g., Supreme Court Decision 82Meu439, Aug. 23, 1983). If the transferee transferred the notification of the transfer of claim to the transferee in the pleading of the claim for the transfer of claim filed against the debtor by the method of evidence, the debtor is the content of the certificate of transfer by the display of the certificate.

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