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(영문) 광주지방법원 2017.03.31 2016가단40953

전부금

Text

1. The Plaintiff, Defendant Samsung Card Co., Ltd., 32,700,000, Defendant Samsung Card Co., Ltd., 36,328,553, and 553.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”) with the Gwangju District Court 2016TTT No. 702 on the basis of an executory deed by the case No. 702 of the medical foundation 21st century (hereinafter “the instant medical foundation”) against “the claim for medical expenses and medical benefits,” which the instant medical foundation had against the Defendants, on September 12, 2016, and the quoted decision was served on the Defendants on September 23, 2016, and became final and conclusive on October 1, 2016.

B. (1) The Plaintiff received a written consent from the instant medical foundation that “the claim for medical expenses and medical benefits” of the instant claim attachment and assignment order is identical to “the claim for credit card payment” and sought full payment from the Defendants. (2) On October 18, 2016, Defendant Non-CC Card Co., Ltd. paid KRW 14,251,072 to the Plaintiff, and Defendant Hyundai Card Co., Ltd. paid KRW 6,521,474 to the Plaintiff. On November 18, 2016, Defendant Non-CC Card Co., Ltd. paid KRW 20,091,694, and Defendant Hyundai Card Co., Ltd. paid KRW 11,838,446 to the Plaintiff.

C. As of February 7, 2017, around the closing date of the instant argument, the instant medical foundation has a credit card payment claim amounting to KRW 32,700,00 for Defendant Samsung Card Co., Ltd., Defendant Samsung Card Co., Ltd., KRW 36,328,553, and KRW 17,417,625 for Defendant Hyundai Card Co., Ltd.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. Determination as to the cause of action

가. 민사집행법 제231조는 ‘전부명령이 확정된 경우에는 전부명령이 제3채무자에게 송달된 �에는 채무자가 채무를 변제한 것으로 본다. 다만, 이전된 채권이 존재하지 아니한 때에는 그러하지 아니하다.’고 규정하고 있다.

Therefore, seized.