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(영문) 수원지방법원 2015.06.19 2014가합61848
예탁금반환청구
Text

1. The Defendant’s KRW 18,206,620 for the Plaintiff and KRW 0.5% per annum from August 21, 2013 to December 23, 2013.

Reasons

1. Basic facts

A. C’s contract for a loan transaction of policy funds (1) The Plaintiff’s external management division is a forestry business entity that produces seedlings for afforestation and was designated as a seed and seedling production agent pursuant to Article 17(1) of the Creation and Management of Forest Resources Act.

(2) The head of a forestry cooperative gave a loan of KRW 100 million to seeds and seedlings production agents who applied for policy funds. However, in order to obtain the above policy funds, C provided a collateral. On November 5, 2008, C agreed to provide a collateral by establishing a pledge for the loan of policy funds to the deposit account opened in the name of the Plaintiff between the Defendant and the Defendant, and if C obtained a loan of policy funds by remitting money to the above deposit account, C agreed to repay the money transferred by the Defendant to the deposit account in the name of the Plaintiff prior to the loan.

(3) On November 5, 2008, C entered into a contract for a loan transaction of a agricultural special accounts loan on condition that the loan shall be repaid on November 6, 2008, 2008, 3% of the loan interest rate, 12% of the overdue interest rate, and 12% of the interest during the grace period shall be paid on the last day of the loan or the last day after the deposit date of the interest, and the last interest shall be paid on the date of repayment of the principal due interest during the grace period, and the interest amount shall be paid on the repayment date of the principal due, and the interest amount shall be paid on the repayment date of the principal due, 50 million won out of the loan amount 10 million won on November 6, 2012, and on November 6, 2013.

(hereinafter “instant loan agreement”). B.

(1) On November 5, 2008, C entered into a pledge and deposit transaction agreement (1) with the Defendant to secure the obligation for loans under the loan agreement of this case with the Defendant on the condition that each of the deposits of this case listed in paragraph (2) below are the object of the pledge, and signed and sealed the Plaintiff’s mother’s seal on the name of the Plaintiff.

(hereinafter “instant pledge agreement”). On the other hand, the main contents of the said pledge agreement are as follows:

Article 5 (Execution of Pledges)

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