logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.07 2019나51190
공탁금 출급청구권 확인
Text

1. The plaintiff's change in exchange in this court against C in bankruptcy of the defendant bankrupt corporation B.

Reasons

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the modification or addition as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

A. The reasoning of the judgment of the court of first instance is 1.

The portion of “I am to have commenced rehabilitation procedures around 2013” in the first sentence of paragraph “I am to be amended to “I am to have been abolished on January 2017, when the rehabilitation procedures commenced in 2011.”

E. Ground 1-2 of the first instance judgment

(f) add paragraphs (f) to the following:

(f) In the case of the Seoul Southern District Court Gannam District Court case received on August 26, 2016, the judicial assistant officer decided on November 27, 2018 to accept the report of the instant cause of deposit on the ground that “the instant case was deposited and reported to the same court as of August 26, 2016.” However, the Seoul Southern District Court’s 2015TTTT19630 claim seizure and collection order, which was the cause of enforcement deposit at the time of the instant deposit, became final and conclusive by the judgment of the Suwon District Court 2016Da502162, 2016Na78103 claim and the execution bond becomes null and void, on the ground that “it is evident that the instant cause of deposit is not accepted without any cause of enforcement under Article 248(1) of the Civil Execution Act” (hereinafter “instant decision to reject the instant case’s deposit”) and thus, paid the amount corresponding to the instant judgment to the bankruptcy trustee B (hereinafter “Defendant 1”) after collecting the instant amount of the instant deposit.

[Ground of Recognition] Unsatisfy, Party A’s entry in Party A’s Evidence Nos. 1 through 4, and Party A’s Evidence Nos. 6 (including each number, if any,; hereinafter the same shall apply) and the purport

2. Determination as to the claim against Defendant B trustee in bankruptcy

A. The Plaintiff’s summary of the Plaintiff’s assertion is Defendant D and the instant subcontract work.

arrow