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(영문) 서울북부지방법원 2018.05.29 2017가단122281

공탁금 출급청구권 확인

Text

1. The plaintiff's lawsuit against the medical foundation of the medical corporation of the defendant and the reference corporation shall be dismissed in all;

2...

Reasons

1. Basic facts

A. The Defendant’s Medical Foundation had a claim against the Federation, such as medical expenses.

B. On August 27, 2002, Defendant B received the Seoul Northern District Court Order 2002TTTTT 2498 for the claims such as medical expenses against the Federation of the Medical Foundation of the Defendant’s Medical Foundation.

(hereinafter “instant assignment order”) C.

The Defendant’s Medical Foundation filed a lawsuit against Defendant B, etc. seeking restitution of unjust enrichment under the Seoul Central District Court Decision 2009Gahap26188, 2009Gahap116067 (Counterclaim). On September 29, 2010, the above court rendered a judgment to the effect that “The act of issuing promissory notes, which is the title of the Defendant B, is null and void as a false declaration of agreement, and Defendant B acquired the above medical expenses without any legal cause, and thus, the instant assignment order based on the above notarial deed becomes final and conclusive and conclusive, Defendant B shall transfer the unpaid claims not yet collected to the Defendant’s Medical Foundation due to the return of unjust enrichment.” The judgment of the appellate court [Seoul High Court Decision 2010Na10987 (Main Claim), 2010Na10994 (Counterclaim)] also became final and conclusive on September 13, 2012 and became final and conclusive (Supreme Court Decision 2010Da1201640 (Counterclaim) (Counterclaim2014).201)

(hereinafter referred to as “related litigation”) D.

In relation to the claims, such as medical expenses, etc. against the Federation of the Defendant’s Medical Foundation, the court issued a collection order for the seizure and collection of the claims under this Court No. 2013TT15282.

E. As to promissory notes issued to C on July 1, 2010, the Defendant’s Medical Foundation prepared a notarial deed as a notary public’s new deed No. 3425 with respect to a promissory note issued to C on July 1, 2010. On October 18, 2016, the Plaintiff obtained the inheritance execution clause and received a collection order as to the claims, such as medical expenses, etc. against the Federation of the Defendant’s Medical Foundation under this Court’s order of seizure and collection.

(f) The Russian Federation shall: