손해배상(기)
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. The Plaintiff is an insurance company that mainly engages in insurance business, and the insurer that has concluded an insurance contract with each person described in the “insured” in the attached Table as the insured (hereinafter “the insured in this case”). The Defendant is the representative of B, a non-profit corporation incorporated.
B. A medical institution can not be established unless a medical person such as a doctor under the Medical Service Act, and even if a medical person is a non-medical person, the Defendant et al. agreed to establish a medical institution by lending the name of the said juristic person to a non-medical person and receiving a payment for the business purpose of the juristic person from the CL around June 201. On July 7, 201, the Defendant et al. obtained permission for the establishment of a medical institution under the name of E-won from the head of the Incheon Nam-gu Public Health Center as the above incorporated association.
Accordingly, from July 7, 2011 to August 8, 2012, CL provided medical treatment to patients under the name of B Eth (hereinafter “instant member”) who is an incorporated association in Nam-gu Incheon Metropolitan City D with medical facilities and medical facilities and employment of medical doctors and nurses, and provided medical treatment to patients.
C. Meanwhile, while operating the instant Council member, etc., the CL was subject to criminal punishment for committing a crime by deceiving KRW 170,867,261 in total under the pretext of medical expenses, etc. by 13 insurance companies including the Plaintiff, etc., by preparing and submitting a false statement, etc. of claiming medical expenses as if the patients, including the instant insured, did not actually undergo hospital treatment even
(A) Each entry in the evidence Nos. 2 through 5 (including the number of pages), Nos. 1 and 2, and the purport of the whole pleadings, as well as the purport of the whole pleadings, on the ground of recognition / [applicable] Nos. 2 through 5 (including the number of pages), 1 and 2.
2. Determination as to the cause of action
A. The main point of the Plaintiff’s assertion is that the Defendant can not establish a medical institution in collusion with CL, etc.