beta
(영문) 광주지방법원 순천지원 2018.02.20 2017가합64

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 2012, the Defendant filed a lawsuit against the Republic of Korea and H for the claim for damages incurred by each fishing ground D, E, F, G, and H due to the construction of C, and was sentenced to partial acceptance on July 11, 2012 (Seoul Central District Court 2007Gahap95425) (Seoul Central District Court 2007Gahap95425), and on July 16, 2015 at the appellate court, the Defendant jointly rendered a judgment on the partial alteration that “the Republic of Korea and Mung-gun shall jointly render the Defendant payment of KRW 737,679,00 to the Defendant, and the amount calculated at the rate of 20% per annum from December 31, 2005 to July 16, 2015 (Seoul High Court 2012Na62747), and the above judgment became final and conclusive on July 14, 2016.

(Supreme Court Decision 2015Da5600). B.

On March 31, 2016, the Republic of Korea and the Nagoya-gun deposited KRW 220,377,100 among the principal and interest of the judgment rendered pursuant to the above Seoul High Court Decision 2012Na62747 on March 31, 2016 as the Defendant for the deposited person under this Court No. 651 of 2016.

(hereinafter “instant deposit”). C.

The defendant did not pay the deposit money of this case until the date of closing the argument of this case.

【Reasons for Recognition】 Each description of evidence Nos. 1 and 8 (including branch numbers), and the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. 1) In a lawsuit seeking confirmation, there is a benefit of confirmation as a requirement for the protection of a right. The benefit of confirmation is recognized only when the plaintiff’s right or legal status is currently unstable and dangerous, and the removal of such apprehension and danger is the most effective and appropriate means to obtain a confirmation judgment against the defendant. 2) Since the claimant for the deposit for repayment is the person to whom the deposit was made or his/her successor, and the person to whom the deposit was made is determined formally by the statement of the deposit, the person to whom the deposit was made may not exercise the right to claim the return of the deposit unless the person is designated as the person

Therefore, a third party who is not a depositor.