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(영문) 제주지방법원 2016.10.11 2016가단7424

정기예탁금지급신청

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff asserted on March 28, 2006 entered into a regular deposit contract with the defendant to receive KRW 73,080,000 on March 28, 2007 and deposited money. Since the maturity comes, the plaintiff demanded the return of KRW 73,080,000 against the defendant.

B. On March 2006, the Defendant asserted that: (a) between the Plaintiff and the Plaintiff, the Plaintiff, the Plaintiff owned, made a loan as security; and (b) agreed to deposit the amount of the loan that the Plaintiff received with the Defendant and set a pledge on the deposit money as security for the said loan; (c) on March 15, 2006, the Defendant loaned KRW 70 million to the Plaintiff on March 28, 201, and received documents necessary for the contract for regular deposit and the pledge on the deposit and established a pledge on the deposit money.

On December 29, 2006, the Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest of the loan, which was set off against the principal and interest of the loan amount of KRW 70,671,71,712, which was created as part of the principal and interest of KRW 75,34,090.

There is no deposit that the Defendant shall return to the Plaintiff.

2. In full view of the facts stated in the evidence Nos. 1 through 7 and the purport of the entire pleadings, as alleged by the defendant, the plaintiff was given a pledge by depositing the loan to the defendant immediately, and the defendant was notified that the principal and interest of the loan would be offset against the principal and interest of the loan by the principal and interest of the loan. Thus, the claim for the return of the regular deposit claimed by the plaintiff does not exist as a set-off.

The plaintiff cannot set off against the defendant, not a merchant.

No offset is effective because the certificate of regular deposit is not returned from the plaintiff;

The Defendant forged documents related to pledge, etc.;

The Defendant did not receive a notification of set-off from the Defendant;

The Plaintiff.