Of the AAA won deposited by the Seoul Central District Court No. 18875 of 2014, whether the applicant for payment of the deposit is the person who has the right to claim payment of the deposit.

The assignment contract of this case concluded by the Defendant and the Plaintiff is concluded after the establishment of partnership under the partnership contract of this case and there is no evidence to deem that the assignment of claims was consented to the assignment of claims. It does not affect the claim such as medical expenses, etc., which are partnership claims.

Civil Procedure Act

2014 Confirmation of claims for payment of deposit money 579105

Small and Medium AAAA

Korea

on 21, 2016

on 14, 2016

1. As between the Plaintiff and the Defendant 2, 7 through 21, 23, 24, 26 through 38, 40, 41, 43 through 56, 58, 59, 60, and 62, the Plaintiff and the Defendant 2, 7 through 21, 23, 24, 26 through 38, 40, 41, 43 through 56, 58, 59, 60, and 62, the right to claim the payment of deposit amount of KRW 132,298,155 out of the amount deposited by the Seoul Central District Court No. 264,59

2. The plaintiff's remaining claims against the defendants are all dismissed.

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

Cheong-gu Office

On August 25, 2014, the Plaintiff and the Defendants confirmed that the applicant for the payment of deposit money was the Plaintiff, out of KRW 264,596,310, which was deposited by the Seoul Central District Court No. 18875 on 2014, the Plaintiff and the Defendants.

1. Basic facts

1. The judgment on the claim against the defendant 2, 7 through 21, 23, 24, 26 through 38, 40, 41, 43 through 56, 58, 59, 60, and 62

(a) Description of the claim;

With respect to the claim for medical expenses for the National Health Insurance Corporation of a convalescent hospital for which Defendant Gangnam-A and Defendant Han-A entered into the same business agreement, the National Health Insurance Corporation deposited as stated in the claim on the ground that it cannot be identified who is the true creditor among the Plaintiff and the Defendants. Since the Plaintiff received the claim for medical expenses from Defendant Gangnam-A, it is sought to confirm that the claim for payment of deposit money equivalent to KRW 132,298,155 out of the deposit money is the Plaintiff.

(b) Grounds for recognition;

1) Defendant 2: Confession

2) Defendant 7 through 21, 23, 24, 26 through 38, 40, 41, 43 through 56, 58, 59, 60, 62: Judgment by deeming confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. We examine claims against Defendants 1, 3 through 6, 22, 25, 39, 42, 57, 61, and 63 (hereinafter referred to as Defendant 1, 3 through 6, 22, 25, 39, 42, 57, 61, and 63 (hereinafter referred to as “Defendants” in this paragraph) other than the Defendants under Paragraph 1 in determining claims against Defendants 1, 3 through 6, 22, 25, 39, 57, 61, and 63.

(a) Basic facts;

The following facts shall not be disputed between the parties, or may be recognized by taking into account each entry in Gap evidence 1 through 10 (including the serial number) and the whole purport of the pleadings:

(1) the establishment of the two States AAA Hospital;

On May 23, 2011, Defendant Gangnam-gu reported the establishment of a medical institution to a convalescent hospital (hereinafter referred to as “instant hospital”) named in the AAAA Eup 317-5, and obtained permission from the head of both States from the head of the AAA to establish a medical institution. Afterwardly, Defendant Gangnam-gu and Defendant Han-A made an application for change of the permission to establish the instant hospital’s establishment in the two states market on July 23, 2013, the establishment of the instant hospital was changed from both states, and the authorization was completed on August 8, 2013.

2) The agreement between the defendant Gangnam-A and the defendant Han-A

A) On April 24, 2013, Defendant Gangseo entered into a partnership agreement (hereinafter “instant partnership agreement”) with Defendant Han-A to operate the instant hospital by operating the said hospital. The main contents of the instant partnership agreement are as follows.

Article 3 (Completion of Contributions)

1. In principle, Defendant Han-A shall deposit the total amount of KRW 965,00,000,000,000, in the account of Defendant Gangnam-gu by April 30, 2013.

2. If the defendant Han-A fails to pay in full the total amount of his contributions by the date, such contributions may be made in installments upon consultation with the defendant Kang-A.

3. All economic circumstances (such as profits, losses, etc.) arising from the previous conduct centering on the date of commencement of joint management shall vest in defendant Gangnam. All economic circumstances (such as profits, losses, etc.) arising from the date of commencement of joint management shall vest in both defendant Kang and the defendant Han.

Article 5 (Distribution of Profits)

In principle, the same labor, the same investment, and the same distribution shall be made: Provided, That the scope of labor may be divided into the fields by agreement.

Article 14 (Term of Contracts)

The commencement of this contract shall be the time when the defendant Han completed the investment obligation, and the time when the contract is terminated shall be subject to the agreement between the above parties.

Article 17 (Amendment of Contracts)

If it is necessary to modify part or all of this contract, it shall be modified by a written agreement of the parties concerned, and the modified contents shall have the effect from the following day.

B) Under the instant agreement, Defendant Han-A worked at the instant hospital from May 1, 2013, and treated patients as co-presidents of the instant hospital.

3) Defendant GangnamA and Plaintiff’s credit transaction agreement and credit transfer agreement

A) On May 22, 2013, Defendant Gangseo-A borrowed KRW 300,00,000 from the Plaintiff at an annual interest rate of 5.02%, annual interest rate of 11% per annum, and due date of repayment on May 22, 2014. However, Defendant Gangnam-A entered into a credit transaction agreement with a view to freely reuse loans within the agreed limit and redeeming the limit amount on the expiration date of the lending period (hereinafter “the instant credit transaction agreement”).

(B) In addition, in order to secure the Plaintiff’s obligation to pay the loans on the same day, Defendant Gangseo entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the content that Defendant Gangseo’s obligation to transfer KRW 4,300,000,000 to the Plaintiff for expenses for medical care benefits under the National Health Insurance Act and expenses for medical care under the Medical Care Assistance Act (hereinafter referred to as “claims including medical expenses, etc.”) to be received from the National Health Insurance Corporation, which is to be received from the National Health Insurance Corporation. The Plaintiff was delegated by Defendant Gangnam-A with the authority to notify the assignment of claims from the National Health Insurance Corporation on May 23, 2013, and notified the National Health Insurance Corporation of the fact of the instant transfer to the National Health Insurance Corporation as a certificate with the fixed date of the assignment of claims. The above notification reached the National AAA

D) Under the instant credit transaction agreement, the Plaintiff’s claim against the Defendant Gangnam-A based on the instant credit transaction agreement is KRW 299,146,300 as of December 27, 2013, and interest is KRW 2,833,504.

4) Deposit of the National Health Insurance Corporation

A) On August 25, 2014, the National Health Insurance Corporation deposited KRW 264,596,310,00 as medical expenses, etc. for the period of medical treatment from August 25, 2013 to November 2013 based on the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, based on which Defendant Gangnam-A, Defendant Han-A, and Plaintiff were deposited as a depositor and the execution creditor, as Seoul Central District Court gold Order 18875 (hereinafter “instant deposit”).

B) The reasons for the deposit of the National Health Insurance Corporation are as follows.

The National Health Insurance Corporation is a person liable to pay KRW 264,596,310 to Defendant Gangnam-gu and Defendant Han-A, a joint representative of both countries A Hospital. While the transferor was served with a notice of assignment of claims to the Plaintiff and the transferor were confirmed to be a joint representative of the relevant hospital, the amount to be paid by Defendant Han-A as the third obligor is not distinguishable from the amount to be paid to the transferee on the ground that the relationship between the joint representative could not be known. The notice of decision on the seizure and collection order of the Defendants was served in order, and thus the true creditor of the medical expenses are not known.

B. Summary of the Plaintiff’s assertion

The shares of Defendant Gangnam-A based on the instant East Business Agreement are 50%, and Defendant Gangnam-A shall transfer 50% of the shares of Defendant Gangnam-A, among the claims of the National Health Insurance Corporation, including medical expenses, to the Plaintiff by entering into the instant credit transaction agreement and the instant credit transfer agreement. Since the notice of assignment of claims with the fixed date of the National Health Insurance Corporation, which had the fixed date of the National Health Insurance Corporation, has reached earlier than the Defendants’ decision of seizure, provisional seizure, etc., the Plaintiff’s right to claim payment of KRW 132,298,155, which is the amount equivalent to the shares of Defendant Gangnam-A, out of the instant

C. Determination

1) Determination as to the partnership business agreement between the defendant Han-A and the defendant Kang-A

As seen earlier, the instant partnership agreement is jointly managed by the Defendant Han and the Defendant Gangseo-gu, with a view to jointly managing the instant hospital (Article 1), and with a view to 50% of the basic fund as KRW 1,930,00,000 (Article 2), and with respect to all economic situations (such as profit, loss, etc.) incurred after the date of joint management (Article 2), it can be recognized that all the economic situations (such as profit, loss, etc.) accrued between the Defendant Han-A and the Defendant Kang-A are attributed to both parties (Article 3), and that the legal nature of such a partnership agreement is deemed as a partnership under the Civil Act.

2) Claims such as medical expenses, as partnership claims

As seen in the foregoing basic facts, since May 1, 2013 under the instant contract, Defendant Korea-A was established by treating and jointly operating the instant hospital from May 1, 2013, and on the same day by jointly operating the hospital. As such, the claims, such as medical expenses, etc., incurred by Defendant Korea-A and the National Health Insurance Corporation by jointly operating the instant hospital, shall be reverted to the partnership claims, and thus, the instant deposit shall be deemed jointly and severally reverted to Defendant Korea-A and Defendant Gangwon-A, with the partnership claims arising from the joint operation of the instant hospital. Accordingly, the instant deposit shall be deemed to have been jointly and severally reverted to Defendant Korea-A and Defendant Gangwon-A, with the partnership claims arising from the joint operation of the instant hospital. In other words, it is difficult to view that Defendant Korea-A and Defendant Gangnam-A, in proportion to their respective shares, have either 50 percent of the amount of medical expenses, etc. to the National Health Insurance Corporation or the amount equivalent to their respective medical expenses

3) Determination on the validity of the instant assignment contract

The disposal or alteration of a combined property requires the consent of all partners. Meanwhile, disposal or alteration of the property of a partnership is also included in the scope of the management of the partnership. In the absence of an executor, the performance of duties concerning special affairs that do not fall under the scope of the partnership's ordinary affairs is determined by the majority of partners in principle, and the disposal or alteration of the property of a partnership is deemed the performance of duties falling under the special affairs of a partnership, barring any special circumstance. Therefore, the act of transferring the property of a partnership, which is conducted by two partners, without the consent of other partners, is, in principle, null and void (see, e.g., Supreme Court Decisions 88Da11534, Feb. 27, 1990; 92Da28075, Oct. 9, 1992).

In light of the above legal principles, the assignment of claims of this case concluded with the Plaintiff by the Defendant Gangnam-gu, was concluded on May 22, 2013, which was after May 1, 2014, by the association established pursuant to the instant partnership agreement. There is no evidence to deem that at the time Defendant Kang-A consented to the assignment of claims of this case. Accordingly, the assignment of claims by the Defendant Kang-gu did not affect any claim, such as medical expenses, etc. due to the operation of the instant hospital, which is a partnership claim.

4) Sub-determination

Therefore, the Plaintiff’s assertion based on the premise that the validity of the assignment contract of this case naturally extends to the claim, such as medical expenses, incurred while jointly operating the instant hospital, and the deposit money, is without merit, even without any further determination.

3. Conclusion

Therefore, the plaintiff and the defendant 2, 7 through 21, 23, 24, 26 through 38, 40, 41, 43 through 56, 58, 59, 60, and 62 are justified, and the remaining claims against the defendants are dismissed as it is so decided as per Disposition.