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(영문) 서울행정법원 2019.04.18 2019구합50915

요양급여비용 지급청구의 소

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1. The Defendant’s KRW 27,534,00 for the Plaintiff and the following: 5% per annum from October 22, 2018 to January 22, 2019.

Reasons

1. Basic facts

A. On January 12, 2018, A filed a rehabilitation application with the Seoul Rehabilitation Court (2018dan10003) (hereinafter “instant rehabilitation procedure”). On January 26, 2018, the Seoul Rehabilitation Court decided to commence rehabilitation proceedings with the Plaintiff as the custodian (hereinafter “instant rehabilitation proceedings”).

(hereinafter referred to as the "A", and the administrator of the debtor's rehabilitation shall be distinguished and indicated as the "Plaintiff". (b)

On the other hand, A’s creditor C was transferred KRW 3,00,000 to A’s Defendant’s medical care benefit cost claim (medical cost) that will arise in the future on October 7, 201, and D Co., Ltd was also subject to attachment and assignment order of KRW 32,405,60 on A’s above medical care benefit cost claim on July 9, 201 (Seoul Central District Court 2012TTT No. 201905), and C’s above assignment order was delivered to the Defendant on October 10, 201, while D Co.’s above attachment and assignment order was delivered to the Defendant on July 11, 2012, respectively.

C. On April 9, 2018, the Defendant deposited KRW 127,928,490 of the amount of the medical expenses with the deposited person as A or C pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act (amended by Act No. 8548, Apr. 9, 2018) by the Seoul Central District Court (amended by Act No. 8548, Apr. 2018) (Evidence No. 3), and the distribution procedure was

After that, on September 17, 2018, the Seoul Rehabilitation Court rendered a decision to discontinue the rehabilitation procedure in this case, and on September 21, 2018, A filed an immediate appeal against the above abolition decision, and the appeal court (2018Ra101818) is still pending in the Seoul Rehabilitation Court (2018Ra101818).

E. On November 20, 2018, the Defendant again deposited KRW 27,77,90 of the amount of the medical expenses for September 2018, 2018 with the deposited person as A or C pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act by the Seoul Central District Court Decision 2827, supra.

(B) On the other hand, on December 3, 2018, the Plaintiff applied for a payment order against the Defendant as Seoul Central District Court 2018 tea1357666.