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(영문) 서울북부지방법원 2016.06.21 2015나35100
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 3,319,787 and its KRW 3,114,825 among the Plaintiff, the Defendant on February 10, 2015.

Reasons

1. Facts of recognition;

A. On October 29, 2010, the E-In Savings Bank Co., Ltd. (hereinafter “E-In Savings Bank”) set a loan of KRW 5 million to the Defendant at 36 months of the loan period and at 43.9% per annum of the loan interest rate (hereinafter “instant loan”). Article 17 of the loan agreement of this case provides that “The Non-Party Bank and the Defendant may transfer a claim against the Defendant under this agreement to a third party without any separate notice, and the Defendant and its joint guarantor are deemed to have given consent under Article 450 of the Civil Act regarding the assignment of claim.”

B. Since then, the interest rate on the instant loan was adjusted to 12% per annum by credit recovery support.

C. Meanwhile, on November 20, 2014, Nonparty Bank transferred the instant loan claim to the Plaintiff. As of February 9, 2015, Nonparty Bank totaled KRW 3,319,787 (= Principal KRW 3,114,825 KRW 204,962).

【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 3, and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts, according to the above facts, the defendant is obligated to pay the principal, interest, and delay damages with respect to the instant loan claims, and the loan claims in this case were transferred to the plaintiff from the non-party bank, and hereinafter, we examine whether the requisite to set up against the above assignment of the loan claims has been met. 2) A's notice of assignment of the loan claim No. 2 is a notice of assignment issued by the non-party bank to the defendant after the transfer of the instant loan claims to the plaintiff by the non-party bank, and it is not sufficient to recognize that the notice of assignment was given to the defendant by content-certified mail.

3) The notification of the assignment of claims through the instant service by publication (A) is the notification given by the transferor to the obligor that the transferor transferred the claims to the obligor.

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