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(영문) 서울고등법원 2021.02.04 2020누51930
장기요양급여비용 환수처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is the purport of the claim and the appeal.

Reasons

The grounds for the plaintiff's assertion in the trial of the first instance are not significantly different from the contents of the plaintiff's assertion in the first instance trial, and even if the evidence submitted to the court of first instance is reviewed together with the plaintiff's assertion, the first instance judgment dismissing the plaintiff's claim is justified.

Therefore, the reasoning for this Court regarding this case is as follows, except for the part that revises part of the written judgment of the first instance court, and thus, the reasoning for the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Modification] Under the 17th written judgment of the first instance court, “Long-term Care Benefits” is added in the front of the “long-Term Care Benefits” for the conduct of the 3rd following the 17th instance judgment, according to the delegation of Article 39(3) of the former Long-Term Care Insurance Act and Article 32 of the Enforcement Rule of the former Long-Term Care Insurance Act.”

A written judgment of the first instance court shall not be in the last page of the 18th judgment.

“Non-existent” (the Plaintiff waiting to the parking lot in the nearby welfare center because there is no parking lot in the hospital where theO received medical treatment.

One of the arguments, there is no evidence to acknowledge it, and the above argument is not acceptable as it is inconsistent with W’s statement of fact-finding certificate prepared by the plaintiff himself or as it is difficult to accept it).

In conclusion, the decision of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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