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(영문) 서울중앙지방법원 2015.12.23 2015가합556581
손해배상(기)
Text

1. Defendant A’s 1,518,447,090 won and the interest rate of 15% per annum from November 21, 2015 to the date of full payment.

Reasons

The summary of the claim related to Defendant B is that Defendant B, a medical person, participated in the establishment and operation of Defendant A’s hospital and served as a nominal president, and provided medical treatment to the patient, and that the Plaintiff’s claim for medical care benefits therefrom constitutes tort or unjust enrichment. As such, the Plaintiff seeks compensation for damages or unjust enrichment equivalent to KRW 87,597,760 (i.e., KRW 1,518,447,090 - KRW 1,430,849,30, out of the amount of benefits paid to Defendant B paid to the Plaintiff, the Plaintiff’s claim for medical care benefits therefrom constituted tort or unjust enrichment (i.e., KRW 1,518,47,090).

On the premise of fact, around October 2009, the establishment of a medical institution was established in Songpa-gu Seoul Metropolitan Government with the permission to establish a hospital under the name of the defendant B (the name was changed to the Dvalescent Hospital), and the above hospital was designated as an industrial accident insurance-related medical institution on November 26, 2009 as the industrial accident insurance-related medical institution under Article 43(1) of the Industrial Accident Compensation Insurance Act.

Defendant B, while working as the president of the instant hospital, treated workers subject to industrial accident insurance from November 26, 2009 to December 23, 2013.

Upon the conclusion of the relevant criminal judgment, Defendant A was not entitled to establish a medical institution, and thus, Defendant B committed a violation of Article 33(2) of the Medical Service Act, which established the instant hospital under the name of Defendant B, despite the absence of the entitlement to establish the medical institution. Defendant B was convicted of a fine of KRW 15 million for a year and six months of imprisonment with prison labor and three years of suspended execution, and Defendant B was convicted of a crime of conspiracy.

[Seoul Central District Court Decision 2013Da3527, 5734 (Consolidation); Seoul Central District Court Decision 2014No189 (Separation); Supreme Court Decision 2014No189 (Separation); Supreme Court Decision 2014No189-1 Decided August 14, 2014; Supreme Court Decision 2014Do10987 Decided February 12, 2015; Supreme Court Decision 2014Do10987 Decided December 12, 2015] The Plaintiff notified the Plaintiff of the payment of medical benefits and the amount of money to be collected pursuant to Article 45(1) of the Industrial Accident Compensation Insurance Act at the request of the instant hospital, an industrial accident insurance-related medical institution.

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