beta
(영문) 부산지방법원 2016.01.08 2015나42978

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court's explanation of this case is as follows, with the rejection of each description of Eul's evidence No. 4-1 to 45 of the defendant's additional documents in the trial of the court of the first instance, and the description of Eul's evidence No. 3-1 to 3, 5-1 to 61, 6-1, 2, 7-1, and 2-1 of the evidence No. 3-1, 6-1, 6-2 as insufficient evidence. Except for the case No. 3 of the judgment of the court of the first instance and No. 10 to 4-1 of the judgment of the court of the first instance, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[1] First of all, as a result of the fact-finding conducted by the court of first instance on October 8, 2014 and on October 20, 2014 on the head of the National Health Insurance Corporation Busan Local Branch Office of the National Health Insurance Corporation of the court of first instance on the amount of benefits, as a result of the order of the court of first instance to submit tax information to the head of the same district tax office, as a result of the order of the court of first instance to submit all the arguments as to the public bank of the court of first instance, and the Busan National Bank to submit each information on financial transactions to the public bank of the court of first instance on the whole purport of the arguments, the following circumstances are considered to have been comprehensively taken into account:

(1) B has received benefits from the defendant at the fifth day of each month by a passbook of Busan Bank.

② B was paid KRW 3,152,540 on April 6, 2012 by the Defendant, and KRW 2,419,540 on May 4, 2012, and KRW 2,535,80 on June 5, 2012, before the collection order of this case was served on the Defendant, respectively.

③ After the issuance of the instant collection order to the Defendant, B received approximately KRW 1.1 million from the Defendant to the Busan Bank passbook around the fifth day of each month, and received approximately KRW 2 million from C to the passbook of the 18th day of each month.

④ In addition to the collection order that was served on the Defendant, there is no circumstance in which B’s benefit may be reduced to less than half per se.

(5) The defendant is continuously receiving medical treatment due to brain color, spathy, etc., and therefore his/her normal service is difficult.