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(영문) 인천지방법원 2021.03.17 2020가단273617
양수금
Text

The defendant shall pay to the plaintiff 104,640,801 won and 36,691,504 won among them from July 19, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Korea Housing Finance Corporation filed a lawsuit against the Defendant seeking reimbursement of reimbursement as Seoul Central District Court 2010 Ghana 262747.

The above court rendered a judgment on September 10, 2010 that "the defendant shall pay money calculated at the rate of 15% per annum from June 30, 2005 to August 20, 2010, and 20% per annum from August 20, 2010, as to KRW 36,692,142 to the Korea Housing Finance Corporation and 36,691,504 out of them, and the amount of money calculated at the rate of 20% per annum from June 30, 2005 to the day of full payment from the next day to the day of full payment." The above judgment reached the defendant on September 16, 2010 by means of delivery, and became final and conclusive as is on September 30, 2010 (hereinafter referred to as the "final judgment of this case," and the plaintiff acquired the bonds of this case from the Korea Housing Finance Corporation by mail and transferred the bonds of this case to the defendant on September 38, 2010.

[Grounds for recognition] Each entry in Gap evidence Nos. 1 and 2 (including each number), and the purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff, who is a legitimate transferee of the claim in accordance with the final judgment of this case, 801 won and 36,691,504 won, which the plaintiff seeks within the scope of the final judgment, at the rate of 8% per annum from July 19, 2020 to the day of complete payment.

3. Judgment on the defendant's assertion

A. The defendant who received the notice of transfer of claim did not receive the notice of transfer of claim according to the final judgment of this case.

The argument is asserted.

Unless there are special circumstances, if a mail proving the content was sent and returned, it was served at that time, barring special circumstances.

In this regard, (see Supreme Court Decision 2000Da20052 delivered on October 27, 2000, etc.) and the notification of the transfer of claim is the arrival of notification.

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