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(영문) 서울중앙지방법원 2017.11.29 2017가합505266
예금
Text

1. The Defendant’s annual interest in KRW 17,478,276 and KRW 8,619,610 among the Plaintiff, from May 25, 2016 to November 29, 2017.

Reasons

Basic Facts

The Plaintiff as the parties to the contract and the Soyang LC Co., Ltd. (hereinafter “Cukyang LC”) are companies established for the purpose of each multimodal transport arrangement, etc., and the Defendant (formerly: Korea Exchange Bank) is a company established for the purpose of banking business under the Banking Act.

On October 7, 2002, the Plaintiff entered into a foreign currency ordinary deposit contract (Account Number 074-JSD-106999-9, hereinafter “instant deposit”) with the Defendant.

On August 14, 2013, the Plaintiff entered into a marine transportation contract (hereinafter “instant transportation contract”) with the terms that the Plaintiff would provide vessel to the Plaintiff at the request of Soyang LC during the period from November 15, 2013 to December 31, 2014, with respect to the Czec projects of Soyang Construction Co., Ltd. (hereinafter “instant transportation contract”).

On October 15, 2013, when the Plaintiff did not provide a ship pursuant to the instant transport contract with the Defendant, the Plaintiff secured the Defendant’s compensation for the difference in the use of the substitute ship and the amount equivalent to delay compensation, but concluded a payment guarantee contract with the effect that the amount guaranteed is KRW 300,00,000, and the guarantee period is from November 15, 2013 to December 31, 2014 (hereinafter “instant payment guarantee contract”). The Defendant issued a payment guarantee certificate under the instant payment guarantee contract (hereinafter “instant payment guarantee certificate”).

Soon March 2014, Taeyang LC, including a claim for damages under the contract of carriage of this case against the plaintiff of Soyang LC, is a ship strawer who has failed to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty to perform the duty

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