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(영문) 서울북부지방법원 2020.01.30 2017가합25844
배당이의
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 Defendant urged the Plaintiff to pay the delinquent insurance premium amounting to KRW 14,132,670 [ = KRW 12,953,030 of the delinquent insurance premium amounting to KRW 12,177,640 of the arrears amounting to KRW 1,177,640], KRW 7,379,580 [= KRW 6,770,280 of the delinquent insurance premium amounting to KRW 609,30], but the Plaintiff did not comply with such demand.

B. Accordingly, on June 25, 2015, the Defendant completed the attachment registration on the Dongdaemun-gu C Apartment D real estate (hereinafter “instant real estate”) owned by the Plaintiff.

Attachment authorities (public charges): 3,877,385 won (public charges) 5,275,876 won (public charges) 2,765,876 won; 5,637,625 won (public charges: unjust enrichment) 625,591 won; 13,972,117 won (public charges) 625,625 won;

C. As to the instant real estate, the Seoul Northern District Court B opened the auction procedure for real estate rent.

On March 29, 2017, a court of execution prepared a distribution schedule with the content that distributes a total of KRW 13,972,117 to the Defendant as indicated in the table below (hereinafter “instant distribution schedule”). On the said distribution date, the Plaintiff raised an objection against the total amount of dividends to the Defendant out of the instant distribution schedule.

[Ground of recognition] Gap evidence 1, 2, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 3 to 6, the purport of the whole pleadings

2. Under the summary of the Plaintiff’s claim, each of the dividends against the Defendant should be deleted, which must be corrected as the dividends against the Plaintiff.

① According to Article 80(2) of the National Health Insurance Act, the amount of arrears regarding insurance premiums in arrears shall not exceed 9/100 of the amount of delinquent insurance premiums, etc., but the amount of arrears 1,177,640, the amount of arrears for which the Defendant claimed against the Plaintiff exceeds 9/100 of the amount of arrears 12,953,03,030.

(2) Article 57 (1) of the National Health Insurance Act shall be construed as "a person who has received insurance benefits by continuous or other unjust means."

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