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(영문) 부산지방법원 서부지원 2018.04.12 2017가합488
구상금
Text

1. The Defendant’s KRW 288,438,652 as well as the Plaintiff’s annual rate of KRW 5% from July 11, 2017 to July 24, 2017.

Reasons

1. Basic facts

A. The Defendant related to the parties is a married couple on February 20, 2014 with C and the Plaintiff is a corporation in which C is a representative in-house director.

B. On April 8, 2014, the Plaintiff and the Busan Bank Co., Ltd. (hereinafter “Usan Bank”) concluded a loan transaction agreement with the maximum amount of credit KRW 100 million (hereinafter “the instant loan transaction agreement”); and C entered into a pledge agreement with the Busan Bank, which provides C with the content of providing C’s trust deposit claims as security for the instant loan obligations.

As the credit limit amount under the loan transaction agreement of this case increases to KRW 20 million on July 21, 2014, KRW 300 million on June 24, 2015, and KRW 400 million on July 2, 2015, C entered into a pledge contract with the Busan Bank on the same day, each of which provides for additional installment savings claims and trust deposit claims in the name of Busan Bank as security for the loan obligations of this case.

Since then, the amount of credit limit under the instant loan transaction agreement was reduced to KRW 300 million on July 26, 2016, and on August 26, 2016, a pledgee of the instant loan obligation changed from C to the Plaintiff from August 26, 2016, and thereafter, on December 22, 2016, the Plaintiff entered into a pledge agreement with Busan Bank on the total amount of KRW 286,000,000 (Account Number D deposit KRW 86,00,000, Account Number E fixed deposit amount of KRW 200,000,000) and interest claim thereon (hereinafter referred to as “instant fixed deposit claim and interest claim”) as security for the instant loan obligation (hereinafter referred to as “instant pledge agreement”).

C. After the Busan Bank’s pledge execution, the Defendant delayed the repayment of the principal and interest of the instant loan, and the Busan Bank executes a pledge on July 10, 2017.

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