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(영문) 광주지방법원 2018.12.20 2018가합550
사해행위취소 등
Text

1. The assignment of claims between the defendant and the medical corporation C on July 16, 2015 shall be 440.

Reasons

Facts of recognition

On November 25, 2014, the Plaintiff loaned KRW 300,000,00 to the medical corporation C (hereinafter “the instant medical corporation”) on November 25, 2014, with the maturity of repayment on November 25, 2015, interest rate of 2% (payment on January 25, 2015), and delay delay damages at 25% per annum, for the purpose of opening the hospital (hereinafter “instant hospital”).

On November 25, 2014, the Plaintiff entered into a medicine supply contract with the instant Medical Foundation, and supplied drugs equivalent to KRW 140,033,047 in total from March 16, 2015 to July 15, 2015 under the said contract.

On July 16, 2015, the Defendant lent KRW 12,00,000 per annum to the instant Medical Foundation (payment on July 10, 201) and KRW 700,00,000 per annum. The instant Medical Foundation decided to pay KRW 20,00,000 per annum to the Defendant in installments from August 10, 2015 to June 10, 2018.

(2) On July 16, 2015, the Defendant entered into a contract with the instant medical foundation to the effect that “The instant medical foundation transfers KRW 7,000,000 (the same as the claim in the attached list; hereinafter “the instant claim”) out of the medical expenses claims against the National Health Insurance Corporation, to the Defendant regarding the payment of principal and interest, etc. under the instant loan for consumption” (hereinafter “the instant loan for consumption”).

Article 4 (Payment of Transfer Price) of the Assignment Contract of this case (Payment of Transfer Price) shall be deducted from the monthly amount deposited from the National Health Insurance Corporation to its own account each month based on the Assignment Contract of this case, and the balance shall be deposited into the passbook designated by the Medical Foundation on the day following the deposit day.

In such cases, the amount of principal repaid each month by the medical foundation of this case to the defendant pursuant to the loan agreement of this case for consumption of this case shall be the amount deducted (20,000,000).

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