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(영문) 인천지방법원부천지원 2020.02.07 2019가합101686
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 10, 2018, the Plaintiff asserted that the Plaintiff acquired the pertinent amount of KRW 600 million out of the medical expense claims against the Defendant, medical expense claims against the Defendant of the instant hospital, and medical expense claims against the Defendant of the instant hospital incurred after September 10, 2018 (hereinafter “instant assignment of claims”), and the Defendant notified the Defendant of the instant assignment of claims on the same day and received the instant notification.

Therefore, as above, the defendant should pay 60 million won and its delay damages to the plaintiff who acquired the above claims of this case D against the defendant.

2. In a case where the Plaintiff’s claim for the purpose of transfer, in a specific assignment of the claim that the Plaintiff acquired, is distinguished from other claims, and the identity thereof can be recognized, such claim shall be deemed specified, and the claim amount of the claim for the purpose of transfer at the time

If standards are established to determine even the due date of the obligation, the transfer of the obligation shall be deemed valid.

(See Supreme Court Decision 95Da21624 delivered on July 25, 1997, etc.). If the purport of the entire argument is added to the statement in Gap evidence No. 2 (Notice of Claim Transfer of this case), it is recognized that the plaintiff acquired the "the medical expense claim against the defendant of this case related to the hospital of this case, and the part of 600 million won out of the medical expense expense claim of this case arising after September 10, 2018, which is the date of sending the notification of Claim Transfer of this case." Thus, if the medical expense claim of an institution providing medical care benefits under the Medical Care Assistance Act or the medical care expense claim of a medical care institution under the National Health Insurance Act (hereinafter only referred to as the "New Act") were provided with medical benefits and medical care benefits at the same time from the relevant institution, it

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