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(영문) 대구지방법원 2015.11.25 2015구합23269
기타(조세 이외의 각종 부과처분)
Text

1. The Defendant’s medical care benefit costs of KRW 48,911,300 for the Plaintiffs on May 8, 2015, and KRW 31,56,320 for the medical care benefit costs.

Reasons

1. Basic facts

A. The E-Life Cooperatives (hereinafter “E-Co-operation”) is a legal entity established on August 6, 2010 for the purpose of health and medical services, etc. for improving the health of its members, and Plaintiff A, B, and C are members of the E-Co-operation. Plaintiff D is a member of the E-Co-operation.

B. On April 10, 2015, the Daegu Metropolitan City Police Agency notified the Defendant of the violation of the Medical Service Act, fraud, etc. that “the Plaintiff was paid medical care benefit costs of KRW 76,182,10 in total, from August 11, 2010 to May 29, 2012,” and that “the Plaintiff was provided with medical care benefit costs of KRW 76,182,110,” and that “the Plaintiff was provided with medical care costs of KRW 76,182,110”

C. Accordingly, on May 7, 2015, the Defendant sent to the Plaintiffs a notice stating that “The Defendant rendered a decision on the recovery of medical care benefit costs of KRW 76,182,110 [the total amount of KRW 48,911,30 (Determination Number: G)] based on Articles 741 and 750 of the Civil Act.” As such, the Defendant issued a later notice to the Plaintiffs, stating that it would be possible to raise an objection through civil litigation if there is an objection.”

(hereinafter “instant notice”). D.

On May 8, 2015, the Defendant sent a notice of payment to the Plaintiffs for KRW 76,182,110 as the title “other collection notice.”

(hereinafter “instant notice of payment”). The above notice is written in Articles 53, 54, 57, and 58 of the National Health Insurance Act, and is written in the receipt for the payer, that if the payment is not made by the due date, it may be subject to compulsory collection pursuant to Article 81(3) of the National Health Insurance Act.

E. On June 29, 2015, the Defendant filed a lawsuit against the Plaintiffs on the return of unjust enrichment regarding the above medical care benefit cost (Seoul District Court Branch Branch Decision 2015Da35236). The said lawsuit is pending in the court of first instance at the court.

【Non-contentious facts, Gap evidence 1 through 3, and Eul evidence 1 and 2 (including each number), and arguments.

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