TITLE	Supreme Court Decision 2012Da108764 Decided January 29 2015 ¡¼Collection Charges¡½ [full Text]
Summary
[1] Whether the English common law setoff doctrine may be applicable as a governing law of the requirements and effects of a setoff (affirmative) [2] In case a garnishee under a seizure order or a provisional seizure order holds a corresponding claim against the obligor, the requirements for the garnishee to claim a defense of setoff against the creditor petitioning for the provisional seizure [3] Even when the legal relations regarding the requirements and effects of a setoff among claims containing foreign elements are construed and applied pursuant to the law governing setoff, the case in which the question whether a garnishee under a provisional seizure or seizure order who holds a corresponding claim against the obligor may claim a setoff defense against the creditor who petitioned for such order should be determined pursuant to the Civil Execution Act, etc., of the Republic of Korea

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