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(영문) 부산지방법원 2020.10.28 2020가합41159

손해배상(기)

Text

The Defendants jointly share the Plaintiff KRW 221,442,910 and the Defendant medical corporation A with respect thereto from May 10, 201 to May 2020.

Reasons

1. Basic facts

A. According to the National Health Insurance Act, the Plaintiff is a non-profit public-service corporation that manages and operates health insurance business for the prevention, diagnosis, and rehabilitation of disease and injury, for the purpose of providing medical services. 2) Defendant medical corporation A (hereinafter “Defendant corporation”) is a non-profit medical corporation established on January 11, 2007 for the purpose of providing medical services. Defendant B was a person who, as the representative of Defendant corporation, established and operated a medical corporation under the name of Defendant corporation C by lending the name of Defendant corporation to set up AD.

B. Although Defendant B cannot establish a medical institution because it is not a medical person, Defendant B promised to pay KRW 28,00,000,000 as a fee for the name lending, monthly management expenses, and 1,00,000,000 as the name of the medical corporation. From April 2010 to March 201, the name of the Defendant corporation loaned the name of the medical corporation, which was a medical corporation AD member (hereinafter “instant member”) in Busan East-gu E, Busan, under the name of medical corporation AD member (hereinafter “instant member”) and provided medical treatment to patients by employing medical doctors, nurses, etc.

C. A final judgment of conviction 1) C was indicted by the Busan District Court Branch 201Kadan878 on July 25, 201 due to the suspicion of violation of the Medical Service Act that had a non-medical person establish a medical institution as above, and was sentenced to a sentence of one year and six months from the above court on July 25, 2011. The appeal and final appeal by C against the above judgment became final and conclusive on November 26, 2011. (2) The Defendant B was charged with the charge of violation of the Medical Service Act that established a medical institution by lending the name of the Defendant corporation as above and was sentenced to a fine of 10,000,000 won from the above court on September 28, 2011. The above judgment became final and conclusive on October 29, 2011.

The plaintiff paid medical care benefit costs to the plaintiff.