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(영문) 서울중앙지방법원 2017.11.14 2016가단5274679
공탁금지급금지 청구의 소
Text

1. The defendant,

A. On February 28, 2014, the above court with respect to the distribution procedure case in Seoul Northern District Court B.

Reasons

1. Facts of recognition;

A. On September 28, 200, the Defendant issued on September 28, 200 the order of seizure and assignment of the Defendant’s claim amounting to KRW 900 million against the Defendant’s medical corporation’s medical foundation’s medical foundation’s claim amount based on the No. 1214 (hereinafter “No. 1214”)’s No. 1200, the Defendant issued the Defendant’s order of seizure and assignment of the claim amount to the third party obligor’s Medical Foundation’s claim amount, such as medical expenses for the Dongyang Fire and Marine Insurance Co., Ltd. (hereinafter “Mzzz fire”).

(Seoul Northern District Court C, hereinafter "the assignment order of this case"), the assignment order of this case was delivered on September 30, 200 to Mzz fire, the garnishee of which was the debtor.

B. (1) The Pre-Medical Foundation filed a lawsuit against the Defendant, etc. seeking restitution of unjust enrichment, etc.

[Seoul Central District Court 2009Gahap26188 (Mainate) 2009Gahap116067 (Counterclaim)] The above court rendered a judgment to the following effect on September 29, 2010:

“The act of issuing a promissory note which is the cause of the instant authentic deed is null and void as a false agreement, and the assignment order based on the said authentic deed became final and conclusive, and the Defendant acquired the above medical expenses and other claims without any legal cause. Therefore, the Defendant, as a return of unjust enrichment, was a return of unjust enrichment to the suspected medical foundation, and the amount which has not yet been returned out of the claims already collected in accordance with the above assignment order, shall be returned, and the unpaid claims shall be transferred, and the unpaid collected claims shall be transferred at the appellate court of the instant case on September 13, 2012.” In the instant case, the appellate court rendered a judgment to the effect that, on September 13, 2012, the Defendant received a set-off

[Seoul High Court 2010Na109987 (Mainate) 2010Na109994 (Counterclaim)]. 【Resusponsiveives】 ? ? July 2014.

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