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(영문) 부산지방법원 2020.11.19 2020가합42046

부당이득금

Text

1. The Defendants jointly with the Plaintiff KRW 223,878,680 and 5% per annum from November 25, 201 to April 25, 2020.

Reasons

1. Basic facts

A. According to the National Health Insurance Act, the Plaintiff is a non-profit public interest corporation that manages and operates the health insurance business for the prevention, diagnosis, and rehabilitation of disease and injury, for the medical treatment of the citizens, for childbirth death, and for the improvement of health. 2) The Defendant medical corporation B (hereinafter “Defendant corporation”) is a non-profit medical corporation established on January 11, 2007 for the purpose of providing medical services. The Defendant A was a representative of the Defendant corporation, who established and operated the D Council (hereinafter “D Council”) by lending the name of the Defendant corporation from C.

B. Although Defendant A cannot establish a medical institution because it is not a medical person, Defendant A paid KRW 26,00,000 to C as a fee for the name lending through a medical corporation’s name lending brokerage slip. From April 26, 2010 to January 17, 2011, Defendant A loaned the name of the Defendant corporation and provided medical treatment services to patients by having the medical room and beds with the name of D's Council member in the building located in Geumcheon-gu, Busan from April 26, 2010 to January 26, 2011.

C. 1) As above, C was indicted on July 25, 201 by committing a violation of the Medical Service Act that had a non-medical person establish a medical institution, and was sentenced on July 25, 201 to Busan District Court’s Dong Branch Branch 201Kadan878, and the above judgment became final and conclusive by dismissing C’s appeal and appeal. 2) Defendant A was issued a summary order of KRW 10,00,000 by the Busan District Court’s Dong Branch 201Da4935, the Medical Service Act that established a medical institution by lending the name of the Defendant corporation, and Defendant A applied for formal trial, but on November 10, 201, Defendant A applied for formal trial, and was sentenced to a fine of KRW 10,00,000 by the Busan District Court’s Busan District Court’s Dong Branch 201Da135353, a judgment became final and conclusive as is.

The plaintiff's medical care benefit costs shall be the medical care benefit costs for the medical treatment performed by D Council members.