logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.10.17 2013나2003307
추심금
Text

1. The plaintiff's primary claim against the defendant Incheon Urban Corporation that was changed in exchange in this court.

Reasons

1. The summary of the case is the case where the plaintiff primarily received a seizure and collection order against the defendant Corporation, and the defendant Corporation deposited the bonds (securities) equivalent to the amount exceeding KRW 100 million out of the compensation for land expropriation against A as the principal deposit against the defendant Corporation. However, it is the case where the defendant Corporation seeks the delivery of the above bonds (securities) based on the above seizure and collection order, alleging that it cannot be asserted against the plaintiff against the above seizure and collection order, and there is no reason for the repayment deposit, and as such, it is unlawful, against the defendant Republic of Korea, by asserting that there is no reason for the above seizure and collection order. The plaintiff, after the above repayment deposit, received the seizure order against the defendant Corporation to the Republic of Korea after the above payment deposit, requested the court to deliver the above securities by facsimile to the deposit officer and request the court not to deliver the above securities, but the deposit officer claims compensation and delayed payment damages pursuant to Article 2 of the State Compensation Act.

The judgment of the first instance dismissed all the plaintiff's claims against the defendants, and the plaintiff appealed against this and filed an appeal.

In this court, the plaintiff filed a claim against the defendant Corporation to pay the amount equivalent to the face value of the land compensation bonds issued by the defendant Corporation in the first place, and the defendant Corporation made a preliminary payment deposit against the seizure order of this case.

The plaintiff is entitled to seek damages for tort liability on the ground that the plaintiff suffered losses from failure to recover equivalent to the face value of securities due to erroneous payment immediately after the issuance of securities without giving the opportunity to exercise the subrogation right for the plaintiff.

arrow