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(영문) 부산지방법원 동부지원 2018.03.30 2017가합106779
부당이득금
Text

1. The Defendant’s KRW 451,224,110 as well as 5% per annum from December 11, 2008 to December 12, 2017 to the Plaintiff.

Reasons

1. Indication of claim;

A. On November 1, 2007, the defendant employed B with a medical license even though he is not a doctor, and opened and operated the "D Council member" as a medical institution in the name B in Busan Seo-gu C on April 18, 2008.

B. From November 1, 2007 to April 18, 2008, the Plaintiff, while operating the pertinent medical institution, took a disposition to recover KRW 462,151,720, out of the medical care benefit cost received from the Plaintiff. The Plaintiff’s refund only part of the medical care benefit cost remains in KRW 451,224,110.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 451,224,10 not returned with damages or unjust enrichment, and the amount of compensation for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 11, 2008 to the delivery date of a duplicate of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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