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(영문) 대구고등법원 2018.11.14 2018나22665
손해배상(기)
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On December 14, 201, the Plaintiff, as a doctor, changed the type of the medical institution from B to the C Hospital in Kimcheon-si (Cvalescent on December 14, 2013).

hereinafter referred to as “instant hospital”

(E) Co., Ltd. (hereinafter “E”) under a contract to acquire a facility, such as medical equipment, in KRW 1.2 billion, and operated by B’s spouse D.

(2) The Defendant concluded a contract for leasing the above hospital building from around that time, and served as the head of the above hospital from that time. (2) The Defendant is a corporation that provides services, such as the payment of insurance benefit costs and the imposition, collection, etc. of insurance

On the other hand, the defendant is entrusted with the authority of the head of Si/Gun/Gu under Article 33 of the Medical Service Act and Article 20 (2) of the Enforcement Decree of the same Act concerning the payment of medical care expenses and the postponement of payment.

B. On November 20, 2014, the Chief of Daegu North Korean Police Station notified the Defendant of the fact that “The Plaintiff, on November 24, 2014, assisted the instant hospital’s violation of Article 33(8) of the Medical Service Act by double operation of the F Hospital in Daegu and the instant hospital jointly.” The Plaintiff formally transferred the instant hospital to the Plaintiff, thereby aiding and abetting the instant hospital’s violation of the Medical Service Act, and thus, sent the Plaintiff, etc. to the Plaintiff on November 24, 2014.”

3 The defendant shall again revoke the disposition to suspend the payment of medical care benefit costs as of November 24, 2014, to the plaintiff on January 22, 2015.

However, there is a violation of Article 33 (8) of the Medical Service Act as a result of an investigation by an investigative agency.

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