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(영문) 수원지방법원안산지원 2014.10.16 2013가합4613
구상금
Text

1. The Defendant’s KRW 263,907,180 among the Plaintiff and KRW 167,720,180 among the Plaintiff, shall be KRW 96,187,00 from July 24, 2013.

Reasons

1. Basic facts Article 1: With respect to the operation of the D Hospital starting from April 1, 2010, “A” and “B” intend to establish the hospital, “A” and “B” to serve both medical doctors and operators.

Article 2:All matters concerning the operation of the D Hospital shall be determined by the “A” and “B” under mutual agreement.

Article 3: “A” as conditions for establishment, and “B” shall be paid to “A” in the amount of KRW 5 million per month (5,000,000).

Article 4:Transaction B shall bear all the expenses incurred in the operation of the hospital (for employees' wages and retirement allowances, public charges, taxes, rent, medicine purchase expenses, etc.).

Article 5:All revenues (the patient's charge, card receipt, cash receipt, the National Health Insurance Corporation's claim expenses, the automobile insurance, etc.) generated from the operation of the hospital shall be entrusted to "A" with the rights and shall be exercised by "B".

Article 6:All civil and criminal responsibilities arising from the operation of the D Hospital will be responsible for. A.m.

On March 31, 2010, the Defendant entered into a “D Hospital Partnership Business Agreement” with respect to the operation of the hospital located in the Plaintiff and the Nam-gu Incheon Metropolitan City Hospital (hereinafter “instant hospital”) and its main contents are as follows:

[hereinafter] The above contract for the partnership business of this case is "the partnership business of this case" and the contract between the plaintiff and the defendant (Evidence A 1 of this case) is "the contract of this case"

The Plaintiff and the Defendant are both doctors, and E are also doctors in a de facto marital relationship with the Defendant at the time of the instant contract.

C. On October 19, 2012, the Plaintiff was subject to a disposition to collect KRW 149 days for suspension of business, 236, 337,260 on the ground that it violated the National Health Insurance Act by falsely reporting medical personnel, nursing personnel, and dietitians by the Minister of Health and Welfare, and the Plaintiff was subject to a disposition to collect unjust enrichment from the Minister of Health and Welfare on October 30, 2012.

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