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(영문) 대구지방법원 2020.06.25 2019가합207930
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a joint rehabilitation company A (hereinafter “Rehabilitation Company”) for which rehabilitation procedures commence due to the Daegu District Court 2018 Gohap133 rehabilitation cases.

(2) On July 11, 2019, the Plaintiff filed the instant lawsuit on August 12, 2019, which was within 30 days from July 12, 2019, on the following grounds: (a) the Plaintiff denied the priority of the above rehabilitation claim; (b) the Defendant filed an application for the inspection of rehabilitation claims under the above court’s probability200; and (c) the said court rendered a decision to confirm the above rehabilitation claim as a general preferential rehabilitation claim; and (d) the Plaintiff filed the instant lawsuit on August 12, 2019, which was within 30 days from the delivery of the written determination.

B. Around November 19, 2013, the Korea Workers’ Compensation and Welfare Service (1) selected a rehabilitation company as a person eligible for support for the establishment of workplace child care centers, and 1,550,000,000 won (hereinafter “instant subsidies”) around November 19, 2013.

(2) The rehabilitation company concluded a guarantee contract on the subsidies for the creation of child-care centers (hereinafter “instant guarantee insurance contract”) with the Defendant as the Korea Workers’ Compensation & Welfare Service, and the Korea Workers’ Compensation and Welfare Service paid the said subsidies to the rehabilitation company.

3) On June 29, 2017, Korea Workers’ Compensation and Welfare Service revoked the decision on subsidization and notified the rehabilitation company to return KRW 1.5 billion to the Defendant on the ground that the rehabilitation company provided a facility that received support within the insurance coverage period as collateral and used it for a purpose contrary to the purpose of subsidization. (4) On July 31, 2018, the Defendant filed a claim for the payment of insurance proceeds on the ground of an insured incident with the Korea Workers’ Compensation and Welfare Service on July 31, 2018.

Grounds for recognition: Facts without dispute, Gap evidence 1, 2-1 and 2, and all pleadings.

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