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1. The Defendant’s KRW 286,980,545 for the Plaintiff and KRW 6% per annum from March 31, 2018 to August 3, 2018.
Reasons
1. Facts of recognition;
A. A Co., Ltd. (hereinafter “A”) is a stock company with the purpose of shipbuilding, repair, etc., and the Defendant is a stock company engaged in banking business under the Banking Act.
B. On December 10, 2009, A entered into a term deposit contract with the Defendant, opened a term deposit account (term payment type, account number: E) in the name of A, and held a term deposit claim against the Defendant by cancellation and re-admission whenever maturity comes.
C. On March 30, 2017, A subscribed to a term deposit to the Defendant (hereinafter “instant term deposit claim”) and the instant term deposit claim came due on March 30, 2018, and the remaining amount of the instant term deposit claim is KRW 286,980,545.
On April 20, 2018, the rehabilitation procedure was commenced against A on April 20, 2018 (the Changwon District Court 2018 Ma10016). The plaintiff was appointed as a joint manager.
(A) 【Ground for Recognition】 Facts without any dispute, entry in Gap evidence 1, 2, and 10, the purport of the whole pleadings, and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 286,980,545 of the fixed deposit claim of this case and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from March 31, 2018 to August 3, 2018, the service date of a copy of the instant complaint from March 31, 2018, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defense of set-off
A. The Defendant asserted that the instant claim for time deposit was to guarantee the Defendant’s obligation to the Defendant. As of August 21, 2018, the Defendant has a claim for a loan of KRW 338,646,704,772 in total, the principal and interest of KRW 338,64,704,772 against A as of August 21, 2018, and upon A’s application for commencement of the rehabilitation procedure, the Defendant lost the benefit of time due to A’s filing.