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(영문) 수원지방법원 2020.02.12 2019가합11947

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as an insurer of the long-term care insurance program under the Long-Term Care Insurance for the Aged, shall administer and pay long-term care benefits (the payment of contributions to the NHIS among expenses for long-term care benefits)

B. Around August 2010, Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) whose representative director is the Defendant’s Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) was designated by the Minister of Health and Welfare as a person eligible for the payment of the following: (a) the “paid Product” as indicated below and the “Payed Product” as indicated above by the said Table; and (b) the “instant registered Product

[Attachment] B CD

C. On December 1, 2012, from June 14, 2015, Nonparty Company: (a) removed one of the 36 accelerators of the instant registered products, as in the video, and manufactured products that moved the location of the air injection (hereinafter “instant modified products”); and (b) sold approximately 280 products to the welfare aid business office nationwide.

The Plaintiff paid the Service’s contribution out of the cost of long-term care benefits to the welfare aid business place, which provided (sale) the instant modified product to the beneficiary, from December 2012 to June 2015.

E. The statutes and the main contents of the notification concerning the payment of welfare equipment such as the registered product of this case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 9, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that Nonparty Company notified the Plaintiff of the structural change of the registered product of this case pursuant to Article 16 of the former Public Notice of the Scope of and Standards for Payment of Welfare Aid Benefits (Notice of the Ministry of Health and Welfare No. 2014-218, hereinafter “instant Notice”), and pursuant to Article 35 of the details on the selection of items eligible for payment of welfare aid and calculation of expenses for benefits (Public Notice No. 2015-146, Jun. 10, 2015; hereinafter “instant details”).