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(영문) 서울중앙지방법원 2016.09.02 2016가합508794
질권 소멸 확인 등 청구 소송
Text

1. The Defendants are KRW 600 million deposited on the Jeju Bank Account (Account Number E) with the Jeju Bank.

Reasons

1. The Plaintiff, as indicated in the claim, is currently holding a claim for time deposit amounting to KRW 600 million deposited in the Jeju Bank account (Account Number E) from the F Co., Ltd. (hereinafter “F”).

Defendant B (hereinafter “Defendant B”) made advance payment of KRW 600 million in the form of the instant deposit claim, while entering into an agreement on business takeover with F, and set up a pledge on the instant deposit claim at maturity on June 27, 2015.

However, as Defendant B failed to pay any balance under the Corporate Acquisition Convention, the agreement on the acquisition of a company was cancelled around August 2015, and accordingly, the instant deposit claim was agreed to confiscate F as a penalty for breach of contract.

On the other hand, Defendant C and Defendant D Co., Ltd. supported KRW 7.4 billion in the corporate acquisition agreement of Defendant B, and paid KRW 7.4 billion in the Jeju Bank account in the above name as above, and decided to set up a pledge on the deposit claim of KRW 7.4 billion in the above name, and they did not have any authority over the deposit claim of this case.

Therefore, the Defendants, a pledgee, have a duty to notify the Jeju Bank Co., Ltd., the garnishee, of the extinguishment of the Defendants’ pledge right to the instant deposit claim.

(2) Article 208(3)1 and Article 257(1) of the Civil Procedure Act of 2.2. Article 208(3)1 and Article 257(1) of the same Act of the same Act applies mutatis mutandis to the case where the transferor is a transferee of the instant deposit claim, and the transferor is willing to notify the extinguishment of the said pledge by subrogation of F, a pledger.

3. Conclusion in favor of the Plaintiff

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