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(영문) 부산지방법원 2016.11.30 2015가합284

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From December 18, 1982 to June 15, 1986 as a doctor, the Plaintiff opened and operated C Council members in Busan Dong-gu, Busan, and from June 15, 1986 to September 2, 1986, E Council members were designated as medical care institutions under the former Medical Insurance Act from the time of its establishment.

B. From July 1, 1985 to June 30, 1986, Defendant (the enforcement of the National Health Insurance Act comprehensively succeeded to the rights and obligations of the Medical Insurance Federation under the former Medical Insurance Act) issued a disposition demanding payment of unjust enrichment of KRW 27,416,180 against the Plaintiff on January 23, 1987 pursuant to Article 45 of the former Medical Insurance Act (amended by Act No. 4728, Jan. 7, 1994; hereinafter the same) and the disposition revoking designation of the medical care institution dealing with medical care for 180 days on the ground that the Plaintiff falsely prepared medical records of patients who did not have been directly treated at the above two hospitals.

C. From February 12, 1987 to August 24, 1994, the Defendant notified the Plaintiff of demanding payment of the above unjust enrichment more than 10 times, but the Plaintiff failed to comply with it, which was approved by the Minister of Health and Welfare on October 4, 1994, and on October 14, 1994, the amount of arrears related to the seizure of KRW 29,818,498 as the sum of the above unjust enrichment and its additional charges was seized, and the Plaintiff seized the claims against the Republic of Korea in accordance with the judgment of winning the lawsuit claiming damages (hereinafter referred to as the “instant seizure”), and notified the Plaintiff of it, and urged the Plaintiff to recover the above KRW 29,3724,18,498,1834,680 from October 27, 1994, and demanded to recover the amount of damages for KRW 3724,500,000,000 for KRW 37.197.2986.1.

On October 26, 1999, the Plaintiff is the Gu Medical Insurance Federation.