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(영문) 광주고등법원(전주) 2020.06.18 2019나12966

회생담보권조사확정재판에 대한 이의의 소

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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 this Court’s explanation concerning this part of the facts is the same as the corresponding part of the judgment of the court of first instance (from 2nd to 4th 11th e.g., the second to 7th 11th e.g., the reasoning for this Court’s explanation is as follows. Thus, this part is cited in accordance

The "National Pension Service" in the second fourteenth sentence of the judgment of the court of first instance shall be regarded as the "National Health Insurance Corporation".

The "National Pension Service" shall be regarded as the "National Health Insurance Corporation" in the third 12th sentence of the first instance judgment.

The third side of the judgment of the first instance.

The term "this Court" in paragraphs (f) and (f) is regarded as "the Jeonju District Court."

The following shall be added between the fourth 10th 10th am and eleventh am of the first instance judgment:

From January 1, 2016, until April 18, 2016, the date of the commencement order of the rehabilitation in this case, the debtor and D continued to conduct medical treatment while operating C Hospital, thereby causing KRW 1,592,038,960 as medical care benefit costs that can be claimed to the National Health Insurance Corporation. During the above period, the debtor and D received KRW 533,748,970 during the above period, and the debtor paid KRW 533,748,970 during the above period. The remaining amount remains as of the date of the commencement order of the rehabilitation in this case (hereinafter referred to as “the claim for medical care benefit in this case”).

.The fourth 11th judgment of the first instance court added "the results of each inquiry into the National Health Insurance Corporation of the first instance court" to "the results of each inquiry into the National Health Insurance Corporation."

2. The parties' assertion

A. The essence of the claim for medical care benefit cost under the National Health Insurance Act is the claim for remuneration under the medical contract. Therefore, the claim for medical care benefit cost arises simultaneously with the medical treatment.

Therefore, the claim for the medical care benefit of this case arising from the medical treatment conducted prior to the decision on rehabilitation of this case is included in the scope of the plaintiff's rehabilitation security right, and the transfer of the claim for each of this case is also subject to the medical care expenses under the Medical Care Assistance Act and the expenses for long-term care benefits under