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(영문) 광주지방법원 2020.01.16 2019나55889
공탁금 출급청구권 확인
Text

1. The defendant (Counterclaim plaintiff) that changed to an exchange in this court is dismissed;

2. The defendant (Counterclaim plaintiff).

Reasons

On March 19, 2018, the first instance court rejected the Plaintiff’s claim for payment of deposit money in excess of KRW 19,584,850, out of KRW 39,370,450, which was deposited by Jindo-gun under Geumnam Branch of the Gwangju District Court No. 197 in 2018 (hereinafter “the Plaintiff’s claim”). On March 19, 2018, the first instance court accepted the part of the Plaintiff’s claim for payment of deposit money in excess of KRW 19,584,850 (hereinafter “the Plaintiff’s claim”). On March 19, 2018, the judgment of the first instance court accepted the part of the Plaintiff’s claim for payment of deposit money in the amount of KRW 39,370,450 deposited by Jindo-gun under Geumnam Branch of the Gwangju District Court in 2018 (hereinafter “the Plaintiff’s claim”).

On the other hand, on March 19, 2018, the part of the Defendant’s counterclaim seeking confirmation that Jindo-gun’s right to claim deposit payment of KRW 19,584,850, out of KRW 39,370,450 deposited by Geumnam Branch of the Gwangju District Court in Geumnam District Court in 2018, and the Plaintiff’s claim seeking confirmation of the Defendant’s right to claim deposit payment of KRW 19,584,850, out of KRW 39,370,450 deposited by this Court No. 197, which was deposited by this Court No. 197, the Plaintiff expressed his/her intent to transfer the right to claim deposit payment of KRW 19,584,850, which was transferred to the Republic of Korea (hereinafter collectively referred to as “A claim”). On March 19, 2018, the Jindo-gun District Court sought confirmation of the Defendant’s right to claim deposit payment of KRW 198,000 (hereinafter referred to as “No4”).

However, the plaintiff did not appeal against the judgment of the first instance. The defendant appealed only to the part of the claim (2) among the main claim and counterclaim (3), but this court did not appeal only to the part of the main claim (3) but also changed the part of the claim (hereinafter “the instant panel house”) to the claim for confirmation that it is owned by the defendant (hereinafter “the claim”).

Therefore, the object of this Court's adjudication is the part concerning the claim.

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