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(영문) 서울중앙지방법원 2016.06.03 2015가단163814
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 191,747,160 and the interest rate of KRW 15% per annum from October 14, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a doctor who operates the medical business under the trade name of Dobong-gu Seoul Metropolitan Government Hospital B, and the Defendant is a financial company that conducts credit fraternity business and credit installment savings business.

B) On July 10, 2013, the Plaintiff loaned KRW 2,000,000,000 from the Defendant (hereinafter “instant loan”).

(1) The Plaintiff agreed to create a security interest as security for the instant loan. (1) The Plaintiff’s land and buildings located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) used as C Hospital on the same day.

1) As to the Defendant’s second-class collateral security (hereinafter “second-class collateral”) of KRW 1,000,000 for the maximum debt amount

(2) The Plaintiff established the National Health Insurance Corporation (hereinafter “Corporation”) on July 8, 2013.

(1) Claim for future medical care benefits and medical care expenses (hereinafter “claim for Medical Care Benefits, etc. of this case”) 20,000,000 won (hereinafter “Claim for Medical Care Benefits, etc.”)

(2) The Defendant’s transfer of collective bond security (hereinafter “instant bond security”) is based on the collective bond security (hereinafter “instant bond security”) upon receipt of the notice of transfer by the fixed date on July 10, 2013, by entering into a contract to transfer the claim to the Defendant, and sending the notice of

(2) On December 22, 2014, the date of commencement of rehabilitation proceedings against the Plaintiff on December 22, 2014, the date of commencement of rehabilitation proceedings on December 24, 2015, the comprehensive prohibition order of December 301, 2015, the commencement of rehabilitation proceedings on December 24, 2015, the Defendant’s report on rehabilitation security rights on December 25, 2015, 6: (a) the submission of the Defendant’s notice of objection to the Defendant on March 25, 2015; (b) the submission of a report on investigation on the commencement of rehabilitation proceedings on March 30, 2015, the submission of a draft rehabilitation plan to the Defendant on December 30, 2015, the submission of a revised rehabilitation plan on October 10, 2015, the date of the assembly of related persons (the amendment on May 21, 2015).

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