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(영문) 서울중앙지방법원 2011.12.09 2011가합75220
예금채권반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are each bond holders of “third-time non-guaranteed private equity bonds” and “third-time non-guaranteed private equity bonds” issued by Co., Ltd. (hereinafter “C”) with KRW 1 billion, interest rate of KRW 4% every three months, interest rate of KRW 8%, interest rate of KRW 4% every three months, and bonds maturity.

B. On September 30, 2010, in order to secure repayment of each of the above corporate bonds, the Plaintiffs concluded a transfer security agreement on KRW 300 million each of the deposit claims in the Defendant bank account to be established in the name of D and C, a representative director and joint guarantor of each of the above corporate bonds, and the joint guarantor of each of the above corporate bonds.

C. Pursuant to each of the above security agreement, C deposited a term deposit of KRW 300 million at the Defendant Bank on October 6, 2010, and the Plaintiffs are pledgees, and C submitted a written request for approval of each pledge signed by the pledger as a pledgee to the Defendant, and upon consent of the Defendant, the Plaintiff A created a pledge on October 6, 201 with the maturity date for the term deposit claim in the name of the Defendant Bank Account Number E, and the Plaintiff B created a pledge on October 6, 201 with the maturity date for the term deposit claim in the name of the Defendant Bank Account Number C, the account number of the Defendant Bank.

The written request for the consent of each of the above pledges submitted by the plaintiffs and C to the defendant at the time of the consent of the pledgee and the pledgee shall be written in the column for each of the above pledges and the pledgee. "However, if the pledger bears a debt before the date of the consent of the pledge, he shall not raise an objection even if he exercises the right of offset pursuant to the provisions of the bank transaction agreement or the set-off contract of borrowed money, etc. (hereinafter referred to as "priority set-off clause"), and "only if he gives his consent, he shall have given his consent to the execution of the pledge before the maturity of the maturity", and then the name and seal of the pledger of the pledger C was not attached to the written request for the consent of the pledgee and the pledgee." However, except where the pledger consented to the execution of the pledge before maturity, the pledge shall be executed before the maturity.

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