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(영문) 서울중앙지방법원 2016.11.25 2016가단5025914

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 55,439,00 and the interest rate of KRW 15% per annum from February 26, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is an insured person listed in the insured column of the attached Table No. 1 on each corresponding day listed in the attached Table No. 1 (hereinafter “instant insured person”).

(2) Each insurance contract in the column of the same Schedule with the nature of indemnity medical expenses insurance (hereinafter referred to as “instant insurance contract”)

(2) The Defendant is a medical corporation that operates the Jeju Love Hospital (hereinafter “Defendant Hospital”) as a medical care institution under the National Health Insurance Act.

B. 1) The insured of the Defendant Hospital received insurance money from the Plaintiff after being hospitalized in the Defendant Hospital after being hospitalized in the Defendant Hospital and being towed. As to the period of hospitalization in the Defendant Hospital, the number of towing treatment received during the pertinent hospitalization period, and the number of towing treatment exceeding twice a day, the medical expenses paid by the insured of the instant case to the Defendant for towing treatment exceeding twice a day, and the insurance money paid by the Plaintiff to the insured for each of the above operations are as indicated in the corresponding column of the attached Table. 2) Immms (the so-called “Mamsculule Treatment Act” or “Mamscule Treatment Act” are as follows: (a) when the insured of the instant case was hospitalized in the Defendant Hospital; (b) the number of towing treatment received during the pertinent hospitalization period; and (c) the medical expenses paid by the Plaintiff for towing treatment exceeding twice a day; and (b) the insurance money paid by the Plaintiff to the insured for each of the above operations are as listed in the corresponding column of the attached Table.

Towing treatment is mainly a procedure to increase spine or pelvis by using drilling, Dozar or arsens, etc. for patients with poppy disks.

C. Each of the instant insurance contracts is subject to the payment of insurance proceeds under the National Health Insurance Act, which is the sum of the amount to be borne by himself/herself and the amount to be borne by himself/herself among the medical benefits prescribed in the medical benefits or medical benefits prescribed in the National Health Insurance Act (subject to non-benefit determined by the Minister of Health