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(영문) 수원지방법원 2019. 10. 17. 선고 2019가단3659 판결
압류채권자가 아닌 대한민국을 상대로 한 공탁금출급청구권 확인의 이익 존부[국패]
Title

Existence of profit to confirm the claim for payment of deposit money against the Republic of Korea who is not an execution creditor

Summary

As long as the Republic of Korea is stated in the distribution procedure for deposit money as a creditor, there is a benefit to seek confirmation of the claim for payment of deposit against the Republic of Korea in the distribution procedure for deposit money

Related statutes

Article 24 of the National Tax Collection Act

Cases

2019 Ghana 3659 Deposit Payment Claim

Plaintiff

A. A. Stock Company

Defendant

Republic of Korea outside 5

Conclusion of Pleadings

August 20, 2019

Imposition of Judgment

October 17, 2019

Text

1. It is confirmed that a school juristic person BB’s right to claim a payment to the Plaintiff as to KRW 15,915,026 (the dividends toCC, Inc., Ltd., a distribution procedure case No. 2016 another distribution procedure case No. 2016Da50032) out of the amount deposited as No. 1625 of the Seoul Southern District Court in 2016.

2. Litigation costs shall be borne individually by each person;

Cheong-gu Office

Text

Paragraph (1) shall apply.

Reasons

As evidence evidence Nos. 1 through 4 and the whole purport of the argument, it is recognized that school juristic person BB made a statement in the column for the claim of the attached sheet, the Plaintiff is entitled to claim a payment of KRW 15,915,026 out of the amount deposited by the Seoul Southern District Court No. 1625 in gold 2016 (the dividend againstCC Co., Ltd. in the distribution procedure case of Incheon District Court No. 2016, 2016) and the benefit of the Plaintiff’s lawsuit against the Defendants is also recognized.

Therefore, the plaintiff's claim shall be quoted on the grounds of its reasoning, and the litigation cost shall be borne individually in consideration of the process of the institution and progress of the lawsuit.

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