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(영문) 대구지방법원 2018.07.26 2017가합208809

손해배상(기)

Text

1. The Defendant’s KRW 724,132,90 for the Plaintiff and KRW 5% per annum from May 1, 2013 to November 27, 2017.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 6:

The plaintiff is a corporation established for the purpose of implementing the national health insurance program, etc. under the National Health Insurance Act, and the defendant was responsible for the representative of non-profit incorporated foundation B, which was established as a public-service corporation from February 17, 2003 to May 23, 2018, for the purpose of supporting the scholarship program, the scambling program, and the self-support for reasons of depression, disasters, and others.

B. Around September 1, 2006, the Defendant: (a) revised the registration of the juristic person to the effect that, without obtaining the approval of the establishment of the Daegu-do Office of Education, which is the competent authority in B; and (b) arbitrarily amended the articles of incorporation of the said foundation without obtaining the approval of the establishment of the Daegu-gu Office of Education for the establishment of the said foundation; and (c) subsequently, established the Daegu-gu Public Health Center under the name of the Daegu-gu Public Health Center on September 29, 2006 after filing a report on the establishment of the medical institution in the name of B

C. The Defendant, under the name of B, hired the patients by employing the above D medical doctor, etc., and claimed medical care benefit costs from the Plaintiff. The Defendant received KRW 724,132,900 from the Plaintiff to April 30, 2013.

As above, the Defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for violating the Act on the Establishment and Operation of Public Interest Corporations, including the content that he/she acquired money from the Plaintiff as the name of medical care benefit costs while establishing and operating a medical institution such as Daehan who is not a medical institution that can receive medical care benefits, etc. under the name of a public interest corporation under the name of a public interest corporation without the approval or permission of the competent authority, and was sentenced to three-year imprisonment on November 29, 2017, as

Daegu District Court.