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(영문) 부산지방법원 2018.12.07 2018나1206

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C on March 19, 198, entered into a loan transaction agreement with the defendant (hereinafter "the loan of this case") with the lending limit of KRW 10 million and the loan period of KRW 10 million as of March 19, 1998, and thereafter renewed the above contract every year.

B. C on July 2, 2002, at the point of B Bank Hot Spring Port, concluded the insurance contract with the Defendant (hereinafter “instant insurance contract”).

C. On July 14, 2007, when the Busan District Court Decision 2007Gaso342478 decided to recommend execution, the Plaintiff was issued with respect to the insurance refund claim of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this order of seizure and collection, and the above order was sent to the Defendant on November 26, 2008, and delivered to the Defendant on December 1, 2008 of this case of this case of this case of this case.

C terminated the instant insurance contract on January 20, 2009, and the Defendant offseted the same amount between KRW 1,059,626 and the instant loan claims.

E. On March 21, 2005, prior to the order for the seizure and collection of the instant case, the Defendant entered into a pledge contract on the instant claim for the insurance refund, and thus, the Defendant was above.

A set-off, such as Paragraph (1), refused to pay the collection amount on the ground that it could oppose the order of seizure and collection of this case.

F. Accordingly, on June 2, 2015, the Plaintiff filed a lawsuit claiming damages (2015da63978) against the Defendant with the Busan District Court on the ground that “The foregoing set-off by the Defendant is unlawful, and the Defendant entered into a contract to establish a pledge with C on January 20, 2009, which was subsequent to the issuance of the order to seize and collect the instant case, and entered the date of the contract retroactively into with C on March 21, 2005, and thus, the aforementioned set-off is unlawful. Accordingly, the Plaintiff incurred property damage for which KRW 1,192,00 was not paid by the Plaintiff. Accordingly, the Defendant was liable to compensate the Plaintiff on November 24, 2015.” However, the above court filed a lawsuit claiming damages (2015da63978) on the ground that the Plaintiff was liable to compensate