부인의 청구 인용 결정에 대한 이의의 소
1. The plaintiff's claim is dismissed.
2. With respect to the claim for denial filed by the Gwangju District Court 2017 Gwangju District Court 5003, the said Court.
1. Basic facts
A. On February 7, 2013, the Defendant (hereinafter referred to as “Defendant”) did not distinguish between the debtor B, the debtor B, and the debtor’s administrator B, and all of the parties to the instant lawsuit. On February 7, 2013, a notary public, with respect to the Plaintiff’s loan claims against the Defendant, set up and issued a bill of exchange and/or note No. 363, 2013 (hereinafter “notarial deed of this case”).
On June 9, 2016, the Plaintiff received an assignment order of claim for medical care benefit benefit benefit benefit benefit benefit claim held by the Defendant against the National Health Insurance Corporation (hereinafter “instant claim attachment and assignment order”) from the Gwangju District Court 2016TTT Branch 2016TTW 3694, and the said claim attachment and assignment order became final and conclusive on July 1, 2016.
Based on the above assignment order, the Plaintiff received KRW 86,447,440 from the National Health Insurance Corporation over a total of 26 times from July 12, 2016 to September 29, 2016.
B. Meanwhile, from 2011 to 2011, the Defendant, while carrying out a new construction project of a general hospital, excessively aggravated the liquidity of funds by obtaining a large number of loans and performing construction works. The Defendant’s financial failure status was caused by double selection of construction works, liability for damages arising from failure to borrow construction funds, suspension of new construction works due to failure to borrow construction funds, etc.
Accordingly, on August 9, 2016, the Defendant filed an application for commencement of rehabilitation procedures with the Gwangju District Court on September 27, 2016, and received a decision to commence rehabilitation procedures (hereinafter “decision to commence rehabilitation procedures of this case”). At the time of commencement of rehabilitation procedures, the Defendant’s assets were KRW 5,483,084,878, and the liabilities were in excess of its liabilities at KRW 14,84,676,976.
C. Under the above rehabilitation procedure, the Defendant filed a claim for denial against the Plaintiff regarding the instant claim attachment and assignment order with the status of administrator as a custodian, and the said court filed a claim for denial against the Plaintiff at the Gwangju District Court on November 26, 2019.