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(영문) 서울고등법원 2015.09.03 2014나31587
채무부존재확인등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship 1) The Plaintiff is the F Hospital (hereinafter “Plaintiff Hospital”).

(1) The President of the Agency shall be the deceased E (hereinafter referred to as “the deceased”).

(2) On April 19, 201, the Plaintiff and H were the co-manager following the Seoul Central District Court 2014Kadan100168 on January 5, 2015. As to the above rehabilitation case, the Plaintiff and H were the co-manager upon the commencement of rehabilitation procedures. However, on April 17, 2015, the rehabilitation procedures decision was rendered on May 18, 2015, and the Plaintiff took part in the lawsuit again became final and conclusive on May 18, 2015. (2) As the deceased’s bereaved family members were the father of the deceased, C and mother, the father of the deceased.

G filed a declaration of renunciation of inheritance on November 11, 201 with the Gwangju Family Court 201-Ma1796, which was accepted on November 30, 201 and confirmed on December 6, 2011. C filed a declaration of qualified acceptance on November 11, 201 with the Gwangju Family Court 201-Ma1794, which was accepted on November 30, 201 and confirmed on December 6, 201.

3) On November 17, 201, the Defendant: (a) obtained a provisional attachment (No. 201Kahap1078 on the premise that the Plaintiff’s medical accident against the Deceased occurred); (b) filed a lawsuit (No. 2011Gahap16174), against C on May 11, 2012, against which “C has received money at the rate of 55,000,000 won and 20% per annum from the deceased’s heir to the Defendant within the scope of the property inherited to the Defendant; and (c) obtained money at the rate of 20% per annum from January 7, 2012 to the date of complete payment; and (d) the above judgment against the Plaintiff on May 11, 2012, the Defendant obtained a final and conclusive collection order against C on May 10, 201 (No. 2005Da16174, Feb. 16, 2012).

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