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(영문) 대전지방법원천안지원 2020.06.18 2019가단7866
보관금
Text

1. Defendant B Co., Ltd. shall issue to Defendant C the deposit claim of “C Bank Account Number E” on October 2007.

Reasons

1. Facts of recognition;

A. On October 5, 2007, the Plaintiff established a pledge on KRW 20,00,000 among the account number E’s deposit claims (hereinafter “instant deposit”) held by the Plaintiff against Defendant C (hereinafter “Defendant C”) as a pledgee and notified the Defendant Bank thereof.

B. Around October 5, 2009, Defendant B prepared to the Plaintiff a letter of commitment stating that “In the event that the transaction relationship with the supply of goods has been terminated and the settlement has been completed, the pledge shall be terminated as to the pledge offered by the Plaintiff as security and shall be notified to the Defendant Bank.”

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against the defendant B, since the claim against the plaintiff was extinguished, the defendant B is obligated to notify the defendant bank that the pledge against the deposit of this case was terminated as agreed upon in the above undertaking.

3. The deposit in this case constitutes a nominative claim, and the cancellation of a pledge of a nominative claim constitutes a nominative claim, and the pledgee may set up against the third obligor who must notify the third obligor of the termination or the third obligor's acceptance of the termination. Upon receipt of the notice of termination of a pledge on the deposit in this case from the Defendant B, the Defendant bank is obliged to pay KRW 20,000,000 out of the deposit in this case to the Plaintiff.

(4) The plaintiff's claim against the defendant bank without any condition, but the remaining claim is without merit). Thus, the plaintiff's claim against the defendant bank is justified. The claim against the defendant bank is accepted within the extent of the above recognition. The plaintiff's claim against the defendant bank is justified, and the remaining claim is dismissed as it is without merit.

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