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(영문) 부산지방법원 2017.09.15 2016나54398
국가배상
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. In the course of the Plaintiff’s operation of the D Hospital located in Busan Seo-gu, Busan (hereinafter “instant hospital”), the Plaintiff was detained on the ground that the “Jwon,” which had been operated before the instant hospital, acquired the insurance benefits of KRW 67 million of the National Health Insurance Corporation, and requested the Plaintiff to sell medical equipment, such as X-ray photographing equipment, etc. (hereinafter “instant medical equipment”) installed in the operating room of the instant hospital in order to raise the money to compensate for fraud. On January 27, 2012, the Plaintiff brought the foregoing medical equipment at the above operating room.

B. E means a consumer cooperative established around February 17, 2012 for the purpose of health and medical business for improving the health of its members pursuant to the Medical Consumer Cooperatives Act operating the instant hospital.

(hereinafter “Medical Association”) as a founder or representative of the medical association, and as a representative, F had the Plaintiff report the Plaintiff’s intrusion to the structure and the theft of the instant medical equipment.

C. On July 13, 2012, police officers belonging to the Busan Local Police Agency’s publicity office distributed 19 newspapers and broadcasting reporters with the following content (hereinafter “instant news report materials”).

On July 12, 1299, the time and place of arrest of the suspect who stolen medical device worth approximately KRW 120 million, such as the operation of the hospital of a consumer cooperative, operated jointly for the purpose of preparing a deposit money to arrest the suspect of theft of hospital medical equipment: on July 12, 12, 199, the suspect and the name of the victim were distributed in a deleted state.

I : The amount obtained by deceit when the OO, which was put by the suspect who is in need of opening the 48-year L Cooperatives Hospital representative (n. 48-year old), has been detained by deceiving the amount equivalent to KRW 67 million of the Health Insurance Payment Corporation while operating the Consumer Cooperatives Hospital.

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