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(영문) 서울동부지방법원 2014.10.21 2013가합101348
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant A, who operated the Defendants’ hospital from May 2003 to January 2012, 201, was in charge of the duties of the Deputy Secretary at the D Medical Center located in Gangdong-gu Seoul (hereinafter “instant hospital”), and Defendant B, as a doctor, was in charge of the duties of the Director at the instant hospital for the said period.

B. From May 9, 2003 to February 3, 2012, the Plaintiff paid KRW 1,325,495,600 in total as medical care benefit costs to the instant hospital.

C. As a result of the investigation into the Defendants’ violation of the Medical Service Act, Defendant B employed Defendant B as the president on the condition that the statute of limitations expires on May 12, 2012, on condition that Defendant B, who is a medical personnel, reported the establishment of the medical institution, and had Defendant B conduct medical acts against the patients. Defendant B, who is not capable of establishing the medical institution at the instant hospital, was under investigation on suspicion of having reported the establishment of the medical institution and performed medical acts against the patients. However, the Defendants were under investigation on the violation of the above Medical Service Act on November 1, 2012 on the ground that the statute of limitations expired (no prosecution was instituted). Meanwhile, the Defendants, on November 11, 2012, did not charge the aforementioned patients with a long-term hospitalization charge, and did not charge them with a traffic accident under the employment of Nonparty B, who was an insurance company at the instant hospital, as the victim of the instant medical institution, and did not charge them for a traffic accident.

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