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(영문) 수원지방법원안산지원 2017.08.17 2016가합7491

손해배상(기)

Text

1. The Defendants jointly share KRW 299,669,050 with respect to the Plaintiff and 5% per annum from July 3, 2014 to November 4, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special public corporation that manages and operates the health insurance program, including the management of health insurance and the imposition and collection of unjust enrichment under the National Health Insurance Act.

B. Defendant A is not a medical person such as doctor, and Defendant B is an operator of Cmedical Life Cooperatives.

(c) No person, other than doctors, etc., may establish a medical institution;

Nevertheless, on July 7, 201, Defendant A provided the name lending fees under the name of the F Medical Life Cooperatives from D and E, and provided the hospitalization room, treatment room, physical treatment room, etc. in G at Silung-si, and established a medical institution under the name of “I oriental medical hospital” after employing herb doctor H and employees.

Defendant A established a new medical association under the name of Defendant B, who is the husband of D, while operating I oriental medical hospitals as such, and established and operated a medical institution under the name of the medical association. However, Defendant A conspired to continue to operate the medical institution under the name of the medical association.

The Defendants, according to the above public offering, around October 11, 2012, employed doctors J, K, and nurses, etc. to G, and established a medical institution under the name of “La oriental medical hospital” (hereinafter “instant hospital”) after having been equipped with treatment rooms, hospitalization rooms, etc.

Accordingly, the Defendants established a medical institution even though they did not act in collusion.

In case where a person who is not entitled to establish a medical institution in violation of the Medical Service Act has employed a doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act.

The Defendants acted in collusion with the Defendants from October 11, 2012 to April 2, 2013.

After having M et al. treat patients while operating L/L medical hospitals, such as paragraph (1), M et al. shall submit a statement of medical care benefit costs to the Health Insurance Review and Assessment Service for the examination, and the defendant who is believed to be true upon being notified of