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(영문) 서울서부지방법원 2016.09.09 2015가단246455
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2014, A established the KCA and received medical care benefit costs, etc. from the Defendant under the National Health Insurance Act.

B. A, while over obligations, agreed to receive loans from C by dividing the above operating funds into monthly installments, and issued to C a notarial deed stating that a promissory note with a face value of KRW 500 million is issued on March 20, 2014 to recognize compulsory execution.

C. C filed a claim attachment and assignment order (hereinafter “instant assignment order”) with the Suwon District Court 2014TTT7973 regarding KRW 200 million among the medical care benefit claims, etc. that A had against the Defendant based on the said authentic deed and received the decision on April 10, 2014;

4.14.Service of a document of decision to the defendant around 14.

5. 1. An assignment order became final and conclusive, and based on this, from August 22, 2014 from the Defendant.

8. Until 27.27. 98,416,690 Won was received.

The creditors against A commenced compulsory execution on August 21, 2014, by taking over the claims against A and receiving a collection order under the Suwon District Court 2014TTT No. 2017653, the decision was served on the Defendant on August 21, 2014.

E. On August 26, 2014, the Plaintiff acquired the claim for which payment order was finalized and acquired the claim against A (see, e.g., Suwon District Court Decision 2014TTTTTT 2014TTT 117653) and filed a lawsuit against C seeking partial revocation and restoration thereof (hereinafter “related lawsuit”) within the scope of KRW 90 million for the reason that the act of issuing the said promissorysory note was speculative act. Of them, the Plaintiff was issued a provisional seizure order on December 22, 2014 with the Seoul Western District Court Decision 2014Kadan5279, which was part of the claim claim amounting to KRW 30 million, and was served on the Defendant on December 24, 2012.

(f) Russ C shall be on January 26, 2015 to A.

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