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(영문) 서울남부지방법원 2017.08.11 2016가단202644
부당이득금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each of the said amounts, from April 11, 2017 to April 201, 201, respectively.

Reasons

1. Facts of recognition;

A. From March 2009, the Plaintiff is operating a long-term care facility for older persons under the trade name of Yangcheon-gu Seoul Metropolitan Government D Building and E Center on the second floor (hereinafter “instant center”).

B. The Defendants are caregivers who enter into a long-term employment contract with the Plaintiff and provide visiting medical care services to the instant center.

C. As a result of an on-site investigation conducted on the instant center for five days from May 11, 2015, the National Health Insurance Corporation and the Yangcheon-gu Office discovered that the Plaintiff illegally received KRW 183,872,050 in total expenses for long-term care benefits during the period from September 1, 2010 to March 31, 2015.

The contents of the center of this case are as follows: (a) the Plaintiff, while operating the center of this case, prepared a false record of the provision of long-term care benefits and the record of the change of situation by increasing the number of days and the number of times as the caregivers, including the Defendants, provided visit care service to beneficiaries despite having not provided visit care service; and (b) the Plaintiff was paid KRW 183,872,050 in total as expenses for long-term care benefits by claiming expenses for long-term care benefits from the National Health Insurance Corporation on the basis of such false data.

The Defendants processed the visit care service that was not actually provided as above, and received each of the following amounts from the Plaintiff on the pretext of the said payment:

Benefits paid during the pertinent period from August 201 to June 19, 2014, 220 won 2 C from October 201 to November 21, 2014, KRW 21,560,000

E. On July 1, 2015, the National Health Insurance Corporation notified the Plaintiff of a redemption decision of KRW 183,872,050 in total, the expenses for long-term care benefits paid unjustly to the Plaintiff. Accordingly, the Plaintiff made a total of KRW 184,964,30 from November 2, 2015 to April 11, 2017.

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