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(영문) 서울서부지방법원 2020.04.24 2020가합30507
채권존재(전부명령무효) 확인의 소
Text

1. On April 12, 2018, Busan District Court Decision 2018TTY 53044 decided April 12, 201, is the subject of a claim seizure and assignment order.

Reasons

1. On April 12, 2018, the Defendant indicated the Plaintiff’s claim against the Health Insurance Review and Assessment Service as the Plaintiff’s creditor, and received an order for attachment and assignment of the claim amounting to KRW 16,014,326 as the Plaintiff’s claim amount.

(Resan District Court 2018TTTY 53044). The assignment order for the above credit seizure and assignment was reached with the Health Insurance Review and Assessment Service on April 16, 2018. At the time of April 16, 2018, the Plaintiff’s wage claim against the Health Insurance Review and Assessment Service was KRW 22,348,775.

On August 23, 2017, the Health Insurance Review and Assessment Service: (1) on the Plaintiff’s wage claim, (2) on August 25, 2017, the collection order for the attachment and collection of the claim (the claims amounted to KRW 82,30,960, the Busan District Court 2017 Taesan District Court 2017 Taesan District Court 2017Ma11933, the claims amounted to KRW 32,482,446) issued by D; (3) on September 11, 2017, the attachment and collection order for E (the claims amounted to KRW 39,50,819, the claims amounted to KRW 39,50,819); (4) on the claims attached by F on December 4, 2017 and the collection order (the claims amount transferred to the Busan District Court 2017Ma371, the claims amount to KRW 207167,817,27167,27817,2707).7

As of April 16, 2018, when the assignment order of the defendant was delivered to the Health Insurance Review and Assessment Service, the third debtor, the execution creditor is concurrent and invalid.

Therefore, the Plaintiff’s benefit claim against the Health Insurance Review and Assessment Service is not transferred to the Defendant.

The Plaintiff was subject to a decision to authorize the repayment plan on November 22, 2019 in the individual rehabilitation case (Seoul District Court Decision 2017Da106269) and intended to repay the deposited amount of KRW 75,911,944, which was seized according to the draft repayment plan on December 30, 2019. However, the court, which ordered the seizure and whole order of the above claims, did not demand the Health Insurance Review and Assessment Service to notify the release of the attachment.

The plaintiff is unable to repay according to the draft repayment plan.

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