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(영문) 전주지방법원 2015.11.24 2015가단16530
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Based on the notarial deed No. 1240, 2013, a notary public against the non-party medical foundation (hereinafter “non-party medical foundation”) filed a claim attachment and collection order as to KRW 923,533,04, including the deposit and mutual aid money, the amount deducted, and the insurance money, with respect to KRW 923,53,04,00 with respect to the defendant of the non-party medical foundation under the notarial deed No. 2013, 2013, which was issued by the plaintiff to the non-party medical foundation (hereinafter “non-party medical foundation”), and the seizure and collection order of this case were either disputed between the parties, or acknowledged in full view of the descriptions No. 1-1, 204, which were issued to the defendant on December 9, 2013.

2. The plaintiff asserts that the non-party foundation has a deposit claim of KRW 100 million against the defendant at the time when the order of seizure and collection was served on the defendant, and that the defendant is liable to pay the above KRW 100 million and delay damages to the plaintiff according to the above order of seizure and collection.

However, it is insufficient to recognize the fact that the non-party foundation had a deposit claim of KRW 100 million against the defendant at the time when the seizure and collection order of this case was served to the defendant only with the statement of the evidence Nos. 2-1 and 2-2 of this case, and there is no other evidence to acknowledge the above fact. Thus, the plaintiff's claim of this case of this case does not have merit

The non-party foundation entered into a contract with the defendant to transfer all of the medical expenses held by the non-party foundation to the National Health Insurance Corporation to the defendant on November 6, 2013 in order to guarantee the obligation of loans to the defendant, and notified the transfer of the above obligation to the National Health Insurance Corporation. Accordingly, the defendant holds the non-party foundation against the National Health Insurance Corporation or the future.

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