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(영문) 부산지방법원 2017.08.16 2017가합42176

손해배상(기)

Text

1. The Defendants jointly share KRW 205,278,840 with respect to the Plaintiff, and the period from October 24, 2008 to March 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of managing and operating health insurance business in accordance with the National Health Insurance Act.

Defendant Incorporated Association B (hereinafter referred to as the “Defendant Incorporated Association”) is an incorporated association established for the purpose of cooperation, mutual cooperation, etc. among missional activity organizations.

The defendant A is a person who has established and operated a medical institution in the name of the defendant incorporated association.

B. Defendants’ violation of the Medical Service Act and criminal punishment 1) C, the secretary general of the Defendant’s incorporated association, appointed as a director of the Defendant incorporated association on April 1, 2005, and became a director with the power of representation of the Defendant incorporated association from November 14, 2008.

(2) The Defendant A agreed to establish and operate a medical institution under the name of the incorporated association of the Defendant A, which is not a medical personnel, in return for the establishment of a medical institution under the name of the incorporated association of the Defendant A. The Defendant A agreed to pay the subscription fee, deposit money, and monthly management expenses. (2) Notwithstanding the fact that the Defendant A is not a person eligible to establish a medical institution, etc., the Defendant A established and operated a medical institution under the name of the incorporated association from November 27, 2006 to July 23, 2008 under the name of the incorporated association, with the name of “Eth of the Incorporated Association” (hereinafter “instant member”), from November 27, 2006 to July 23, 2008.

3. On the ground that Defendant A established and operated the instant Council member as above, Defendant A was indicted for violation of the Medical Service Act on the grounds that Defendant A conspired with Defendant A, an employee of the Defendant Incorporated Association, established the instant Council member in collusion with Defendant A, and was sentenced to a suspended sentence of two years in imprisonment with prison labor for one year for Defendant A as Incheon District Court 2008 Godan5569, January 16, 2009, and a fine of twenty million won for Defendant Incorporated Association.

The above judgment became final and conclusive.

C. Medical care benefit reimbursement and notification by the Plaintiff are the Defendant A, the actual management owner of the instant member.