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(영문) 대구지방법원 2015.10.02 2015가합200412
부당이득금
Text

1. The Defendant’s KRW 62,462,240 as well as 5% per annum from July 24, 2012 to February 16, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Defendant and B are all doctors.

B. From February 12, 1997 to May 31, 2014, the Defendant established and operated “A” under his/her name in Seo-gu, Daegu-gu.

C. In operating “A”, the Defendant: (a) paid KRW 6,00,000 per month to B from September 1, 2010 to August 1, 2013; and (b) opened “E” in the name of B in the Gyeongdong-si, Chungcheongnam-si; and (c) granted a doctor’s license to B, the Defendant established “E” in the name of B.

(E) The Defendant directly operated the instant hospital, including the issuance of an extinctive prescription in the name of B, while directly providing medical treatment at the instant hospital.

As above, the Defendant, while operating the instant hospital, claimed the Plaintiff for the payment of medical care benefit costs related to the medical practice conducted at the instant hospital during that period.

Accordingly, from October 15, 2010 to July 23, 2012, the Plaintiff paid total of KRW 656,74,870 to the instant hospital under the National Health Insurance Act, the Enforcement Decree of the same Act, and the Enforcement Rule.

In addition, the Plaintiff paid a total of KRW 5,717,370 to the relevant pharmacy in relation to the medical prescription issued by the Defendant in the name of the hospital B while providing medical treatment at the instant hospital.

E. The Ministry of Health and Welfare issued an administrative disposition of one year of business suspension (from September 23, 2013 to September 22, 2014) against the pertinent hospital on the ground that the instant hospital claimed medical care benefit costs in violation of the National Health Insurance Act, etc., and the said hospital closed its business on August 1, 2013.

F. On October 23, 2013, the Plaintiff determined to recover from the instant hospital pursuant to Article 57 of the National Health Insurance Act, Article 750 of the Civil Act, and notified the instant hospital of the fact that: (i) the sum of the medical care benefit cost (including medicine cost related to the first prescription) paid in relation to the medical practice performed at the instant hospital (i.e., KRW 652,462,240) (i.e., KRW 56,74,870, KRW 5,717,370).

On September 2, 2014, the Plaintiff is the Defendant’s actual founder of the instant hospital.

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