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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff has 75,00,000 won for promissory notes in accordance with the notarial deed No. 234 of 2014 against A by a notary public for the Plaintiff.
B. On June 1, 2016, the Defendant acquired from the Dongyang Savings Bank all the bonds and security rights held by Dongyang Savings Bank against A in accordance with the credit transaction agreement with A.
A transferred to the Dongyang Savings Bank all the amount of claims, such as medical care benefit expenses, medical expenses, medicine expenses, etc. (hereinafter “the instant claims”), which are currently or will be held by the National Health Insurance Corporation, and notified the National Health Insurance Corporation of the assignment of claims. After that, on June 1, 2016, Dongyang Savings Bank re-transfered KRW 4,500,000 out of the instant claims against the National Health Insurance Corporation, while transferring its claims and all security rights to the Defendant, and on June 16, 2016, notified the National Health Insurance Corporation of the assignment of claims.
C. On the other hand, on October 11, 2016, the Plaintiff received a seizure and collection order as to the claim indicated below as “a claim indicating the claim to be collected” by designating the debtor A, a third debtor as the defendant, and a claim amount as “75,000,000 won based on the above notarial deed.” The above seizure and collection order was served on the Defendant on October 14, 2016.
-the indication of claims to be seized and collected - The third debtor's transfer of claims to the Korea Health Insurance Corporation to the Korea Health Insurance Corporation from the company by the third debtor, except for the amount of health care benefit (including pharmaceutical expenses and expenses for delivery and delivery) directly received from the National Health Insurance Corporation under the "acquisition of claims." In the above statement, the term "acquisition of claims" means that the third debtor re-transfer the claims to the Korea Health Insurance Corporation from the company to the Korea Health Insurance Corporation.
The term "ordinary expenses of one's own will" mentioned above.