ENGLISH

Loan Agreement
Court Deposit for Repayment
Purpose of Court Deposit for Repayment
- If the creditor refuses or is unable to accept the repayment from the debtor, the latter may discharge his or her debt obligation by depositing the subject matter into the court. The same shall apply where the creditor cannot be ascertained without any negligence on the part of the debtor. (Article 487 of the Civil Act)
· Possible Scenarios Where The Creditor Is in Default
· The debtor visits the address of the creditor for repayment, but finds that the creditor has already moved away and the debtor is unable to contact the creditor.
· The debtor tries to remit the repayment, but finds that the bank account number which was informed by the creditor is not in existence.
· The creditor refuses to accept repayment, charging interest rates that are higher than the agreed rate.
· The debtor is unable to make repayment due to an attachment order or a provisional attachment order over his or her asset.
Effect of Court Deposit for Repayment
- If the court deposit has been completed, the debtor shall be discharged from his or her debt obligation. (Article 487 of the Civil Act)
Place of Court Deposit for Repayment
- The deposit shall be made with the Deposit Office in the place for the performance of the obligation. (Article 488(1) of the Civil Act)
· The Courts shall be in charge of administering the matter regarding the court deposit (Article 2 of the Court Organization Act), and District Courts, their branches and County Courts take charge of such matters.
※ You may find locations of the Courts at: Court location, Court of Korea
- If there are no special provisions under the statutes in respect of the Deposit Office, the court must, upon the application by the debtor who is willing to make repayment, designate a Deposit Office and appoint a custodian of the deposited article. (Article 488(2) of the Civil Act)