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(영문) 인천지방법원 2017.11.08 2016가단256721
공탁금출급청구권확인
Text

1. 7,88,716 won, out of 20,771,470 won deposited by the National Health Insurance Corporation with gold No. 3653, 2015 by the Incheon District Court;

Reasons

In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 6, it is recognized as the same facts as the entry of the cause of the claim in attached Form.

According to the above facts, the National Health Insurance Corporation, which is a third debtor, obtained the amount of KRW 12,82,754, which is paid by the defendant C, D, E, and Han Card Co., Ltd. (former Korea Exchange Bank), rather than the plaintiff among KRW 20,771,470, which was deposited by the Incheon District Court No. 3653, on the grounds that the transfer and takeover of claims, the seizure of claims, and the provisional seizure of claims by the plaintiff and the defendants are concurrent, (i) the remaining amount of KRW 7,88,716 (=20,71,470 - 12,882,754) which was deducted from the amount of KRW 12,754 which was paid by the defendant C, D, E, and Han Card Co., Ltd. (former Korea Exchange Bank) (=Defendant C2,118,51, KRW 51, KRW 118,51, Defendant E,567).

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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