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(영문) 의정부지방법원 2017.11.15 2017가합51655

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff KRW 1,470,93,599 and the period from July 19, 2012 to April 10, 2017.

Reasons

1. Determination as to the cause of claim

A. 1) In fact, the Plaintiff is a non-profit special public corporation that manages and operates health insurance affairs, such as management of qualification for national health insurance, determination and collection of unjust enrichment, and payment of health care benefit costs reasonably claimed by a health care institution under the National Health Insurance Act.

B) Although Defendant B was not entitled to establish a pharmacy, he agreed to employ Defendant A and to establish a pharmacy in the name of Defendant A under the name of Defendant A by hiring Defendant A, who is a pharmacist, and accordingly, Defendant B as a pharmacy founder around March 6, 2007, with Defendant A as a pharmacy founder, and Defendant B as the “instant pharmacy” (hereinafter “instant pharmacy”).

c) From April 23, 2007 to July 18, 2012, the Plaintiff paid a total of KRW 1,475,824,300 as the medical care benefit cost to the instant pharmacy from April 23, 2007 to February 29, 2012. (d) Defendant B was indicted as a violation of the Pharmaceutical Affairs Act with regard to criminal facts that “a pharmacy is not established because it is not a pharmacist, and a pharmacy is directly established and operated by employing Defendant A, a pharmacist,” as described in the foregoing sub-paragraph (b), and was subsequently sentenced to a suspended sentence of two years to imprisonment for one year from December 27, 2012, and the said judgment became final and conclusive after the appellate judgment became final and conclusive.

Defendant A was charged with summary charge of violating the Pharmaceutical Affairs Act on the criminal facts, etc. that “after Defendant A was employed by Defendant B, not a pharmacist, and registered the establishment of the instant pharmacy under the name of the Defendant A,” as Suwon District Court Branch Branching 2012 high-level 10893, Defendant A was charged with summary order of KRW 5 million on January 14, 2013, and the said summary order became final and conclusive as is.

E) On March 26, 2013, the Plaintiff notified the Defendants of the restitution decision of KRW 1,475,824,300 of the medical care benefit cost paid to the instant pharmacy.