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(영문) 인천지방법원 2017.06.21 2016나57437
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part of the judgment against Defendant I regarding desired drugs Co., Ltd., EM, and G.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The plaintiffs' assertion

A. Defendant I and Co-Defendant H of the first instance trial (hereinafter “Defendant H”) conspired with the purpose of evading compulsory execution by the J obligees, and Defendant H, at the time of the J, transferred to Defendant I a false claim for medical expenses claims against the National Health Insurance Corporation (hereinafter “instant claim for medical expenses”). Accordingly, Defendant I received payment from the National Health Insurance Corporation in lieu of KRW 1,005,920,568, and thereby prevented the Plaintiffs from compulsory execution.

Accordingly, Defendant I has a duty to compensate the Plaintiffs for damages incurred by the Plaintiffs, as the Plaintiffs, who are creditors of J, were unable to obtain satisfaction of claims through compulsory execution against the instant medical expenses claim.

B. Even if a conjunctive assertion is not recognized as liability for damages caused by a tort, Defendant I received, without legal cause, an amount equivalent to KRW 1,005,920,568 of the medical expenses to be paid by J, and arbitrarily consumed it, and the J thereby sustained property damage equivalent to the same amount.

Therefore, Defendant I is obligated to return the amount equivalent to the above money to J as unjust enrichment. Therefore, the plaintiffs, the creditor, exercise in subrogation of J, the right to claim the return of unjust enrichment against Defendant I.

3. Determination as to the primary assertion (liability for damages caused by tort)

A. 1 Generally, the occurrence of liability for damages by a third party may constitute a tort, but does not always constitute a tort, and should be determined by specifically examining whether the claim is constituted in accordance with the mode of claim infringement.

Therefore, the third party is the debtor.

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