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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 23, 1995, the Plaintiff subscribed to the subscription savings deposit (Account Number B: hereinafter “instant deposit”) at the Defendant’s point at the Sungnam Central Office, and from that time, deposited KRW 100,000 or KRW 200,000 each month from February 2010.
B. The Defendant loaned 7,800,000 won to the Plaintiff on June 18, 2007; 5,000,000 won on November 19 of the same year; and 1,100,000 won on February 21, 2008 (hereinafter “instant loan”); and the Plaintiff created a pledge on the instant deposit claim to the Defendant in order to secure the repayment of the instant loan (hereinafter “instant loan”).
C. From February 15, 2008 and August 2009, the Plaintiff began to delay interest on the instant loan. On January 18, 2010, the Defendant sent to the Plaintiff a set-off notice to the effect that the instant loan claim offsets the instant deposit claim with the instant deposit claim, and then treated the instant loan (the total sum of the principal and interest on the deposit principal and interest on November 15, 2010) against the instant deposit claim (the total sum of the principal and interest on the loan principal as of November 15, 2010 is KRW 25,051,890) from the instant loan (the total sum of interest on the loan principal and interest on the loan principal as of November 15, 2010 is KRW 15,847,310) and deposited KRW 9,204,580 in another deposit account of the Plaintiff.
Meanwhile, Article 11(1) of the Defendant’s Loan Transaction Agreement provides that “The bank shall set up a pledge on the deposits, etc. as indicated in Article 10 to secure obligations under this Agreement and complete the delivery of such certificates,” Paragraph (4) provides that “the bank may set off the claims of the bank under paragraph (1) and the deposits, etc. as indicated in Article 10 may be set off under the terms and conditions set forth in Article 10, without exercising the pledge under paragraph (1).” In the case of loans related to accumulated deposits, the bank shall set off the interests on the loans and the monthly reserves, etc. related to deposits, etc., which are the object of the pledge under paragraph (1), even before the expiration of the lending period.”