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(영문) 서울중앙지방법원 2018.09.14 2017가단5155010

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B, C, and D jointly share KRW 20,508,021 and their related thereto from March 10, 201 to September 14, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company running non-life insurance business, and the Defendant B is the head of the hospital of the “B regularly Outboard” located in G (hereinafter “a hospital”); the head of the hospital of the hospital; the Defendant C, the head of the hospital of the hospital; the employees of H, I, J, K, K, L, and the Defendant E, who entered into each injury insurance contract with the Plaintiff, are patients of the hospital.

B. Defendant B, C, and D’s joint criminal conduct committed a crime (hereinafter “instant criminal fact”) of conviction: (a) the Defendants, among the patients who are affiliated with an insurance solicitor, arranged patients from the I in order to attract many patients; and (b) where the patient is unable to cope with the patient’s disease requiring low resistance or continuous observation of the medical personnel among the patients who are affiliated with the hospital operated by the said insurance solicitor, he/she should undergo the hospital; and (c) where the patient is unable to cope with the patient’s disease requiring a continuous observation, the patient should undergo the hospital; and (d) where the patient actually hospitalized the hospitalized patient, he/she shall prepare a written confirmation of hospitalization for the patient, even though he/she shall receive a simple treatment at the hospital, and did not hospitalization at all after undergoing the procedure of hospitalization, or from time to time, and agreed to claim for a large amount of insurance proceeds, by issuing a false certificate of hospitalization to the patient as if the patient was hospitalized and treated normally.

Defendant B: (a) even though H received medical treatment at a hospital from January 9, 201 to March 5, 2011, without undergoing hospital treatment for forty-six (46) days; (b) as if H was hospitalized and received treatment for forty-six (46) days, Defendant C and D issued a false certificate of hospitalization discharge, etc. prepared by H as a normal hospitalization during the above period to H; and (c) around March 7, 201, Defendant C and D submitted the false certificate of hospitalization discharge, etc. issued as above to the Plaintiff’s employee, and around March 8, 2011, the amount of KRW 2,50,000 from the Plaintiff.