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1. The defendant shall pay to the plaintiff KRW 412,341,174 and KRW 370,320,00 among the costs. The defendant shall pay to the plaintiff full payment from February 10, 2015.
Reasons
1. Basic facts
A. On February 19, 2010, the Plaintiff and Nonparty KD Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) set a pledge on the claim for fixed deposit (Evidence No. 134-073-127-001, hereinafter “this case’s deposit”) against the Defendant of the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as a security for all of the obligations owed by the Nonparty Co., Ltd. to the Plaintiff at present and in the future, including the case of filing a claim for warranty bond against the Plaintiff. The Defendant accepted the said pledge on the same day without any objection.
B. On January 7, 2015, the non-party company was declared bankrupt (this Court 2015Hahap1). At the time, at the time, the non-party company was liable for the total of KRW 10,539,75,758,398, and total of KRW 5,36,835,843 and finalized debt 5,172,922,535.
C. On January 2, 2015, the Plaintiff notified the Defendant of the enforcement of the pledge on the instant deposit, and accordingly, the Plaintiff demanded the Defendant to pay the full amount of the principal and interest on the instant deposit.
Meanwhile, the interest rate on the instant deposit is 4.75% until February 19, 2012, 1.65% within one year after the maturity date, and 0.1% when it exceeds one year after the maturity date.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, and 8 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The parties' assertion that the effect of the pledge right of claims is limited to incidental claims such as damages for delay of claims that are the object of the pledge right, and that the defendant is obligated to pay interest and delay damages on principal and principal of the deposit of this case to the plaintiff. In regard to the defendant's assertion that the defendant is obligated to pay within the limit of the amount of the pledge right, the above amount equivalent to interest should be excluded.
(b) If a claim which is the subject of the judgment pledge is a monetary claim, the pledgee shall be the subject of the pledge to the extent of his own claim.