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(영문) 서울중앙지방법원 2014.05.23 2013가합92052

공탁금출급청구권확인

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1. The plaintiff's action against the Korea Electric Power Corporation shall be dismissed.

2. The plaintiff's defendant Republic of Korea, and .

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2, Eul evidence No. 1, 2, and 3, and Eul evidence No. 1.

A. On December 15, 2012, the head of a tax office affiliated with the Defendant’s Republic of Korea attached the instant subsidy claim to the Defendant’s Republic of Korea did not pay KRW 17,536,600, total real estate tax amounting to KRW 147,947,170,170 and special rural development tax amounting to KRW 29,589,430, and KRW 29,536,600, which was due date for payment. On December 28, 2012, the head of a tax office affiliated with the Defendant’s Republic of Korea attached the instant subsidy claim to the Korea Electric Power Corporation (hereinafter “instant subsidy claim”) to the extent of the total amount of each national tax paid, and notified the Defendant Korea Electric Power Corporation thereof.

B. On September 30, 2012, the Plaintiff did not pay KRW 302,003,420, which was the due date for the payment of the Plaintiff’s subsidy claim. On January 2, 2013, the Plaintiff attached KRW 321,931,090, adding the additional property tax of KRW 19,927,670 to the unpaid amount of property tax, up to the amount of the pertinent claim, and notified the Korea Electric Power Corporation thereof.

C. Defendant Korea Electric Power Corporation deposited the repayment of the Defendant Korea Electric Power Corporation’s payment to the effect that “The seizure of the instant subsidy claims is limited as subsidies to which the Subsidy Management Act applies, and thus the seizure of each of the instant subsidy claims between the Plaintiff and the Defendant Republic of Korea is invalid,” and that the obligee cannot be identified on March 28, 2013, the Seoul Central District Court deposited the repayment of KRW 313,000,000 with the Plaintiff, the Republic of Korea, and the Defendant Central District Court’s Central District Court’s KRW 2013No6459, March 28, 2013 (hereinafter “instant repayment deposit”).

related.