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(영문) 울산지방법원 2018.02.07 2017가합21530

채권조사확정재판에 대한 이의의 소

Text

1. The Ulsan District Court shall authorize the final claim inspection judgment of 2015 Mao-39 dated March 8, 2017.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 200,000,000 to the Defendant on March 5, 2013, and KRW 50,000,000 on March 14, 2013, and KRW 30,000,000 on April 5, 2013, and KRW 150,000,00 on April 15, 2013 to the Defendant at each annual interest rate of 36%.

(hereinafter the above loans are collectively referred to as “instant loans”). B.

On March 5, 2013, the Defendant transferred the Defendant’s claim for medical benefits and medical care expenses (hereinafter “instant claim”) to the National Health Insurance Corporation (hereinafter “instant claim”) within the limit of KRW 3,000,000,000 as security for the instant loan to the Plaintiff.

(2) At the time of the transfer of the instant claim, the Plaintiff, at the time of the transfer of the instant claim, lent only KRW 200,000,000, which is a part of the instant loan to the Defendant. However, the Plaintiff and the Defendant transferred the instant claim to the Defendant under the premise that the Plaintiff would lend additional money to the Defendant in the future.

On March 5, 2013, the Defendant notified the National Health Insurance Corporation of the transfer of the instant bonds.

With respect to the transfer of the instant claim, a contract for the transfer of claim (hereinafter “instant contract for the transfer of claim”) was prepared as indicated in the following table.

The transferee of the claim transfer and takeover contract: The transferee of the claim amount: The transferor shall transfer to the transferee all claims, such as medical benefits and medical care benefits, etc., held by the transferor to the third obligor in order to guarantee the present and future obligation to the transferee for the payment of the loan amount. The transferor shall transfer to the transferee all claims, such as medical benefits and medical care benefits, etc., which the transferor is entitled to receive from the third obligor who is in the course of performing the business as a medical care institution under the National Health Insurance Act.

on March 5, 2013: Defendant (person).