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(영문) 서울중앙지방법원 2014.11.07 2013가단5158387
정기예금 청구의 소
Text

1. The Defendant’s KRW 49,00,000 as well as the Plaintiff’s annual rate of KRW 6% from November 27, 2013 to November 7, 2014.

Reasons

1. Basic facts

A. On February 11, 2010, the Plaintiff (formerly: Gold Life Insurance Co., Ltd.) entered into a lease agreement with Nonparty A Co., Ltd. (hereinafter “A”) on KRW 70 million with respect to KRW 465 square meters on the ground among the nine-story buildings on the ground outside B B and the nine-story-si, Chungcheongnam-si, with the lease deposit amount of KRW 80,000,000,000 and KRW 2-year lease period. At the same time, for the preservation of the claim for the refund of the above lease deposit, the Plaintiff (formerly, Gold Life Insurance Co., Ltd.) shall provide a pledge on the deposit under the name

B. On February 11, 2010, the Plaintiff’s employees entered into a pledge agreement with A representative director D, with respect to the real estate lease agreement, the pledge agreement in which the portion indicated on the object of the pledge is vacant, and the lease deposit amount to KRW 70,000,000, etc., and visited the Defendant’s E branch and demanded the establishment and pledge of a term deposit in the name of A. C. Defendant E branchF deposited KRW 70,000,000 for the term deposit under the name of A (Account G; hereinafter “the term deposit in this case”). The Plaintiff’s request for the consent of the pledge to be used at the above branch was submitted with the Plaintiff’s signature and seal as the pledgee, and signed and sealed by A. However, in the above request for the consent of the pledge agreement, if the pledger bears any obligation due to the pledge prior to the date of the consent of the pledge, the Plaintiff’s E branchF shall not exercise the right of set-off under the set-off clause, such as bank transaction agreement or loan agreement.

''(hereinafter referred to as 'the phrase' as 'the offset solicitation assistance'.

A. The printing was made.

E. The Defendant served on November 26, 2013 a copy of the instant complaint indicating his/her intent to enforce a pledge on the term deposit of the instant case, and thereafter, the Defendant extended the total amount of three principal and interest claims to A on December 3, 2013.

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