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(영문) 서울고등법원 2014.11.21 2014나2019897

공탁금출급청구권확인

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance except for the following addition, thereby citing it by the main sentence of Article 420 of the Civil Procedure Act.

【Additional Part 6 of the Decision of the first instance court’s 6th and below added the following contents: “The Plaintiff also closed its business as of August 29, 2012 and the nature of the instant subsidy claim has changed in essence by closing its business as of August 29, 2012, and thus, the nature of the instant subsidy claim should be paid and paid only between the Korea Electric Power Corporation entrusted by the State, such as general subsidy claim, and the Defendant Heavy Franc, which was entrusted by the State, should not be paid and paid. However, the Defendant Electric Power Corporation’s assertion that the instant subsidy cannot be accepted on the sole ground of the reason that the instant subsidy was discontinued due to a sudden external reason, not just because the public purpose of the establishment and operation of the Electric Power Industry Foundation was extinguished or changed, but merely because the Defendant Heavy Franc, which was not paid to the Defendant Heavy Franc, did not change the intrinsic purpose or nature of the said subsidy prohibited from seizure.”

2. Thus, the plaintiff's lawsuit against the defendant Korea Electric Power Corporation is unlawful and dismissed, and the plaintiff's claim against the defendant Republic of Korea and the defendant Heavy Floba shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.