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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 13, 2005, the Plaintiff received each of the claims listed in the table below against the Defendant from EL Card Co., Ltd. and KB-backed 2 limited liability companies (hereinafter “instant claim for transfer money”). On June 16, 2005, the Plaintiff sent to the Defendant a written notice informing the Defendant of the transfer of the above claim by means of content proof.
B. The amount of the claim as of December 24, 2013 as of December 24, 2013 is the total of KRW 28,592,253 as indicated below, and the balance of the principal is KRW 4,322,148.
(Unit: 24 December 24, 2013) The loan balance of the loan extended on the date of the loan of the principal debtor and the debtor in the name of the institution, 3,404,094,094,862,425 principal obligation 22,266,159 KBB-dong 2 A, 418,054,407,680 principal obligation 6,325,734 in total 4,322,148,270,10528,528,592,2533 in relation to the debtor and debtor.
C. The Plaintiff, the assignee of the claim, determines 17% per annum within the overdue interest rate set by each of the above assignment financial institutions, as the overdue interest rate.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Gap evidence 6-1, 2, Gap evidence 7, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. According to Article 7(1) of the Asset-Backed Securitization Act, the Plaintiff, the assignee of the claim, is also entitled to legally notify the assignment of claims pursuant to the above acknowledged facts as to the cause of the claim, and in the event a postal item is sent by means of content certification, barring special circumstances, such as return, it shall be deemed that the Plaintiff was delivered to the addressee at that time (see, e.g., Supreme Court Decision 96Da38322, Feb. 25, 1997). Barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum, which is the overdue interest rate, from December 25, 2013 to the day of full payment.
B. The defendant's assertion 1 is the case to which the plaintiff was transferred.