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(영문) 서울고등법원 2018.03.22 2017누81245
징수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case is identical to the remaining part of the reasoning of the judgment of the court of first instance, except for the part written by the court of first instance as to this case, since Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are the same as the reasoning of the judgment of the court of first instance.

(1) The part of the judgment of the court of first instance concerning “ex officio determination on the part concerning which the existence or absence of the plaintiff’s standing is at issue among the part concerning monetary claims sought by the plaintiff in this case,” in the reasoning of the judgment of the court of first instance (Articles 12, 17, and 10, 14, and 10, respectively), is deleted.

The "Decision on the merits of 5." of the first instance judgment shall be used as "Decision on the merits of 4." of the first instance judgment, and the "No. 5" of the first instance judgment shall be used as "No. 18, No. 10, No. 20, No. 10, No. 20, No. 22, No. 15, No. 19, and No. 33, No. 18) as "No. 4," and the first instance judgment as "No. 5" of the first instance judgment as "No. 31, No. 21."

(a)(2)(2) The term “paragraph(2)” means

A. 2) (A) (2) shall be raised in 25 pages 25, 19, and 20 of the first instance judgment. The “amount equivalent to delay damages, as seen in paragraph 4, excluding the portion of the delay damages, the collection power of which has been transferred to N” shall be adjusted to “rest damages.” The first instance judgment Nos. 28, 15 of the first instance judgment shall not be deemed “no”.

“The following shall be added:

“The time when the Plaintiff may file a claim with the Defendant for the instant claim is after February 26, 2014 by the head of Jung-gu Incheon Metropolitan City, which refuses to commission the Plaintiff to collect the instant claim. As such, there is no assignment of claim with the Korea Savings Bank and the Korea Savings Bank on February 9, 2012, which is before the Plaintiff holds the collected settlement money claim.

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