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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 25, 2015, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order against B (hereinafter “instant hospital”) seeking the payment of goods under the Seoul Eastern District Court 2015 tea1633, and the said case was transferred to Seoul East East District Court 2015dan119711 upon the Plaintiff’s objection. The said court rendered a favorable judgment against the Plaintiff on October 20, 2015, “B shall pay the Plaintiff KRW 47,151,630 and its delay damages.” The said judgment became final and conclusive on November 5, 2015.
B. On the other hand, on June 11, 2015, the Plaintiff filed an application against B for provisional attachment against KRW 47,151,630 of the Medical Insurance Claim Return Claim that B had against the Defendant as Seoul Western District Court Decision 2015Kadan5125, and the said court rendered a decision on provisional attachment against claim (hereinafter “decision on provisional attachment against claim of this case”) on June 16, 2015, and the said decision reached the Defendant on June 18, 2015.
C. However, the Defendant paid B KRW 80,000,000 as medical benefits on June 18, 2015, and KRW 136,170,390 as medical care benefits on June 22, 2015, respectively.
On November 9, 2015, the Plaintiff applied for the issuance of a collection order for the seizure and collection order to transfer provisional seizure to the Seoul Western District Court 2015TTT1322. On November 20, 2015, the above court decided the seizure and collection order. On February 17, 2016, the Plaintiff applied for the issuance of an assignment order based on the above assignment order under the Incheon Western District Court 2016TTT1472. On February 17, 2016, the above court issued a decision on the assignment order on March 16, 2016 (hereinafter “instant assignment order”). The above decision became final and conclusive on July 14, 2016.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 5, 6, Gap evidence 9, Gap evidence 11 through 13, Eul evidence 1, 2, Eul evidence 4 (including paper numbers), the purport of the whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff asserted that he did not claim against B.