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(영문) 서울남부지방법원 2015.11.19 2015가합2783

구상금 청구 등

Text

1. The Defendant’s KRW 375,390,708 as well as the Plaintiff’s annual rate from July 1, 2004 to May 4, 2015, and May 5, 2015.

Reasons

1. Facts of recognition;

A. On December 27, 2002, the Plaintiff (hereinafter “Plaintiff”) entered into a pledge agreement on the Defendant’s loan obligations of foreign exchange banks as security, with respect to deposit KRW 500 million deposited in the bank account (Account No. 181-16-0405-2) in the name of the Plaintiff, with the maximum amount of security KRW 500 million against the Plaintiff’s deposit refund claim against the foreign exchange bank.

B. On June 30, 2004, under the instant contract, the foreign exchange bank offsets the Defendant’s repayment claims of KRW 501,863,013 (principal KRW 500 million interest KRW 1,863,013) against the Defendant’s deposit claims of KRW 111,773,827 and KRW 12,410,458 against the foreign exchange bank, and the Plaintiff’s deposit claims of KRW 502,28,020 (principal KRW 500,28,020) against the Plaintiff’s deposit claims of KRW 124,609,292 (principal KRW 502,28,020, KRW 111,73,727,827, KRW 124,410,581, KRW 5081, KRW 50836,50,00). The Plaintiff received the remainder after the set-off from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Plaintiff acquired a claim for indemnity equivalent to the same amount against the Defendant by subrogation of KRW 375,390,708 (the principal of offset deposits - KRW 500 million - KRW 124,609,292) with respect to loans owed by the Defendant to the foreign exchange bank.

Therefore, the Defendant: (a) from July 1, 2004, the day following the date of acquiring the Plaintiff’s right to indemnity, to May 4, 2015, the delivery date of a copy of the complaint in this case; (b) 5% per annum as prescribed by the Civil Act; (c) from May 5, 2015 to September 30, 2015, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; (d) Article 2(2) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sep. 25, 2015); and (e) Presidential Decree No. 26553, Sept. 25, 2015.