Text
1. The Plaintiff:
A. Defendant B’s KRW 34,00,000 and interest rate of KRW 15% per annum from January 25, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The plaintiff is a medical care hospital specializing in the aged, and the gender of the plaintiff
The medical corporations operating both hospitals (hereinafter referred to as the “instant hospital”) are medical corporations, and the Defendants are the children of the network D.
B. On December 23, 2007, the deceased on March 30, 2016 while hospitalized in the instant hospital and receiving medical care.
C. On March 30, 2016, Defendant B paid KRW 34,000,00 among the deceased’s obligations, such as hospital fees, etc., that existed at the time of the Plaintiff, and paid KRW 500,000 each month from April 30, 2016, and decided not to raise an objection to the Plaintiff’s legal measures in arrears for more than three months, but did not thereafter repay.
In addition, Defendant C, as a guardian of the deceased D, agreed to set up a written pledge of hospitalization at the time of hospitalization at the instant hospital and to pay the deceased’s debt, such as the hospital fee.
F. Meanwhile, Defendant C declared bankrupt and filed an application for immunity with the Suwon District Court 2012Hadan504, 2012Ma5504, which became final and conclusive on May 10, 2012 upon receipt of a decision to grant immunity on July 23, 2013 from the said court, and upon receipt of a decision to grant immunity on November 28, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4 and Eul evidence 1, facts with this court, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, Defendant C is obligated to pay to the Plaintiff the amount of KRW 34,000,000 that was promised to repay to the Plaintiff and the amount calculated at the rate of 15% per annum from January 25, 2017 to the day of complete payment, as sought by the Plaintiff.
(a) by public notice; (b)
1) Determination as to the claim against Defendant C is without dispute between the parties to the reimbursement of KRW 3,00,000 out of the debt, such as the above hospitalization fee, etc., that occurred from May 10, 2012 to March 30, 2016 after the determination of bankruptcy and exemption of Defendant C, and the fact that Defendant C paid to the Plaintiff on March 30, 2016 that the payment of KRW 3,00,000 out of the debt, such as the above hospitalization fee, was made. Accordingly, Defendant C does not dispute between the parties.