추심금
1. The plaintiff's rehabilitation debtor A corporation upon a claim that was changed in exchange at the trial.
1. Basic facts
A. On August 30, 2005, the number of Co., Ltd. (hereinafter referred to as “number”) entered into an membership agreement with A, which is a golf club operated by A, with respect to A (it appears to be two regular members; hereinafter referred to as “instant membership agreement”); and around that time, the number of Co., Ltd. paid KRW 260 million to A with the membership fee.
According to the membership agreement of this case, upon request of a member after the lapse of five years from the opening date, A shall return the remainder of the membership fee to the member except for donations under the Acts and subordinate statutes, as prescribed by the rules of the Association.
B. The Plaintiff, as a general loan, extended a loan of KRW 100 million on October 23, 2008, and KRW 100 million on June 30, 2009, respectively.
On November 26, 2008, the number concluded a pledge agreement with the Plaintiff to the effect that the maximum debt amount of KRW 338,000,000 for the instant membership is set up as a security for all obligations against the Plaintiff arising from a transaction of general loan transactions. On November 27, 2008, the Plaintiff notified A of this fact.
C. On July 24, 2012, the Plaintiff failed to repay each of the above loans to the due date, and the Plaintiff demanded A to return the instant membership fee as a pledgee for the instant membership.
In addition, the Plaintiff, as a pledgee, applied for a seizure and collection order against KRW 325,446,887, out of the membership deposit return claim against A, the number of the instant membership rights based on the instant membership, and received a seizure and collection order on May 21, 2013 (hereinafter “instant collection order”), and the instant collection order was served on May 24, 2013.
On the other hand, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) has priority over the instant membership, and the amount of such pledge is KRW 163.8 million.
And in this case.