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(영문) 서울서부지방법원 2016.11.18 2016나34551
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff did not have unpaid health insurance fees to the defendant, and even if the defendant did not pay 4,453,290 won in total for 51 months from March 1998 to August 2002, and 60 months from November 2002 to January 2004, as claimed by the defendant, the extinctive prescription period for the defendant's claim on the insurance premium has expired unless the right to collect insurance premiums is exercised for 3 years pursuant to Article 91 (1) 1 of the National Health Insurance Act, since it is not exercised for 3 years pursuant to Article 91 (1) 1 of the National Health Insurance Act.

B. Nevertheless, on August 30, 2012, the Defendant seized B’s deposit claims, the Plaintiff’s spouse, and the Plaintiff’s deposit claims on June 6, 2013, respectively. On June 7, 2013, the Defendant notified C and D of the scheduled attachment notice, respectively, and notified C and D of the scheduled attachment notice on January 27, 2015.

C. According to the Defendant’s demand for payment, the Plaintiff paid KRW 1,354,440 from November 2013 to February 2015.

Therefore, the Defendant is obligated to pay the Plaintiff the solatium amounting to KRW 4,354,440, and delay damages therefrom, based on the insurance premium of KRW 1,354,440 as well as the insurance premium of KRW 4,354,440, which the Plaintiff suffered according to the attachment procedure, etc., on the ground that the above insurance premium of KRW 1,

2. Facts of recognition;

A. From March 1998 to January 2006, the Plaintiff unpaid KRW 4,453,290 in total for 78 months’ health insurance premiums.

B. From August 1998, the Defendant sent a written demand notice to the Plaintiff or the Plaintiff’s householder B, and on August 30, 2012, the Defendant seized the deposit claim B from March 1998 to January 2006 (the total amount of unpaid health insurance premiums from March 1998 to January 2006), and released the Plaintiff’s deposit claim after seizing the Plaintiff’s deposit claim on June 6, 2013. On November 8, 2013, the Defendant again seized C’s deposit claim, the Plaintiff’s children.

C. Accordingly, the Plaintiff on November 12, 2013.

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