장기요양급여비용지급
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the representative B of the plaintiff.
1. Facts recognized;
A. On March 21, 2014, the Daegu District Court issued a collection order on KRW 25,345,066 of the obligor B’s third obligor’s claim for medical insurance against the Defendant on March 21, 2014, upon the application of the CSS Limited Company (hereinafter “SSS Limited Company”).
B. Meanwhile, A Medical Care Center (hereinafter “instant institution”) is a re-long-term care institution established under the Act on the Protection of Long-Term Care for the Aged. The Defendant paid 24,272,790 won (23,680,740 won paid on April 15, 2014, and KRW 592,050 paid on April 21, 2014) for long-term care benefits for visiting care services and visiting bathing services provided to the beneficiary by the instant institution to the non-party company, the collection authority under the above collection order.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 and 9 through 12, the purport of the whole pleadings
2. The plaintiff asserts as follows.
In other words, the Plaintiff is a direct management 4 points of C established on May 8, 2008 for the purpose of improving the status of a caregiver and promoting the rights and interests of the caregiver and is an unincorporated association operating the instant institution. Therefore, the claim for expenses for long-term care benefits provided by the instant institution is reverted
Therefore, it is unreasonable for the Defendant to pay the above long-term care benefit cost to the non-party company according to the collection order and to refuse the payment to the Plaintiff.
Therefore, the Defendant is obligated to pay the Plaintiff the above long-term care benefit cost of KRW 24,272,790.
3. We examine whether the plaintiff has the substance of an unincorporated association ex officio before determining the plaintiff's party ability.
A. Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate entity as a party, even an unincorporated association or foundation, carries out social activities or transactions through its representative or manager.