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(영문) 서울중앙지방법원 2014.08.14 2013가단210914
예금 질권
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 3, 2006, the Plaintiff entered into an advertising agency contract with A Co., Ltd., and B jointly and severally guaranteed the advertising fee payment obligation owed to the Plaintiff by the said company.

B. B, on July 16, 2012, at the Defendant Bank, created a pledge on the said deposit claim of KRW 35 million (hereinafter “instant deposit claim”) to the Plaintiff on a deposit account (Account Number C, due date, July 16, 2013).

C. B, when establishing a pledge on the instant deposit claim as above, the pledger and the pledgee were submitted to the Defendant Bank a written request for acceptance of the pledge on the instant deposit claim (hereinafter “written request for acceptance of the pledge”), and the Defendant Bank consented to the said pledge.

In the written request for acceptance of the pledge of this case, the phrase “I will not raise an objection even if I exercise the right of set-off in accordance with the set-off clause, such as a bank transaction agreement or a certificate of borrowed money, if there is a debt that the pledger bears on his/her own before the date of consent of the pledge.”

(hereinafter referred to as “the reservation clause of offset”). E.

On the other hand, Defendant Bank extended a loan of KRW 30 million on June 9, 201, and KRW 20 million on June 10, 201 to B, respectively, and Defendant Bank did not pay interest on each of the above loans from July 10, 2013 and July 11, 2013.

F. As of July 11, 2013, the advertising price that a corporation did not pay to the Plaintiff came to be KRW 1,051,409,116 as of July 11, 2013, the Plaintiff filed a claim for the return of the instant deposit claim in the name of B as the enforcement of the pledge. However, the Defendant Bank, on July 31, 2013, filed a claim against the Plaintiff on the ground that the balance of the loans of KRW 20 million as of July 31, 2013 (the balance of loans of KRW 12,00,000 as of July 31, 2013, and the balance of loans of KRW 30 million as principal, is KRW 30,000) was offset against the instant deposit claim.

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