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(영문) 부산지방법원 2020.06.17 2020가합40286

부당이득금

Text

1. The Defendants jointly share KRW 885,284,840 to the Plaintiff and the Defendant medical corporation A with respect thereto from September 1, 2012.

Reasons

1. Basic facts

A. According to the National Health Insurance Act, the Plaintiff is a non-profit public 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) The 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. The Defendant B was a person who was the representative of the Defendant corporation and operated a D convalescent hospital (hereinafter “D convalescent hospital”).

B. Although Defendant B’s operation of a medical institution cannot establish a medical institution because it is not a medical person, the medical corporation promised to pay KRW 30,000,000 as a fee for name lending, and KRW 1,50,000 as a monthly management fee, by using the name of the Defendant corporation. From June 8, 2009 to March 201, Defendant B loaned the name of the Defendant corporation and provided medical treatment for patients by having the medical care room and beds with the name of the D convalescent hospital in the building located in Ulsan-gu E-gu, Ulsan-gu from June 8, 2009.

C. A final judgment of conviction 1) C was indicted on the charge of violating the Medical Service Act, which had a non-medical person establish a medical institution, and was sentenced to imprisonment on July 25, 2011 by the Busan District Court’s Dong Branch 201Da878, and the above judgment became final and conclusive as it is upon dismissal of C’s appeal and final appeal. (2) Defendant B was indicted on the charge of violating the Medical Service Act that established a medical institution under the name of the Defendant corporation as above and was sentenced to imprisonment of August 26, 201 by the Busan District Court’s Dong Branch 201Da1356, and was sentenced to imprisonment of August 26, 201 from the above court. Accordingly, Defendant B appealed appealed from the Busan District Court 201No3072, Nov. 11, 2011, and was sentenced to a suspended sentence for two years from the above appellate court.

The plaintiff's medical care benefit costs are paid.