1. As to 290,751,330 won deposited by the National Health Insurance Corporation on November 11, 2013 by Busan District Court Decision 9091.

Facts of recognition

Defendant Southern Medical Consumer Cooperative (hereinafter “Defendant Cooperative”) has a claim of KRW 290,751,330 to the National Health Insurance Corporation, and transferred the claim to Defendant B for the above medical expenses. Defendant B again transferred the claim to C.

On November 11, 2013, the National Health Insurance Corporation deposited the deposited amount with the Busan District Court No. 9091, 2013, on the grounds of relative uncertainty as to the total amount of claims for the above medical expenses.

C around December 2, 2014, the Plaintiff transferred the right to claim the payment of the instant deposit to the Plaintiff, notified the transfer to the Republic of Korea, and reached that time.

【In the case of the deposit for repayment on the ground of the relative uncertainty of the obligee under the latter part of Article 487 of the Civil Act, as to the claim for confirmation of claim for withdrawal of deposit money of the entire pleadings, the obligee’s claim for withdrawal of deposited goods may be filed by submitting a written consent of other deposited parties or a final judgment in favor of confirmation of claim for withdrawal of deposited goods which has been received against the other deposited parties. According to Article 229(2) of the Civil Execution Act, the collection obligee, upon receipt of the seizure and collection order for the collection of deposited goods, may exercise the obligee’s right necessary for the collection in his/her own name and outside of court without the procedure of subrogation of the obligor’s right necessary for the collection. As such, the collection obligee, upon receipt of the seizure and collection order for the claim for withdrawal of deposited goods by designating one of the deposited parties of relative uncertainty deposit as the obligor, may file a lawsuit seeking confirmation of the obligee’s claim for withdrawal of deposited goods against the other deposited parties under his/her own name to withdraw deposited goods.

(see, e.g., Supreme Court Decision 2011Da55405, Nov. 10, 201). In light of the foregoing legal doctrine, the Defendant Union, Defendant B, C, and the right to claim the payment of the instant medical expenses or the instant right to claim the payment of the deposit.