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(영문) 수원지방법원안산지원 2017.08.17 2016가합7484
손해배상(기)
Text

1. The Defendants jointly share KRW 823,296,950 with respect to the Plaintiff and the period from January 3, 2013 to December 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special public corporation that manages and operates the health insurance program, including the management of health insurance and the imposition and collection of unjust enrichment under the National Health Insurance Act.

B. Defendant A is not a medical person such as a doctor, and Defendant B and C is an operator of the Dental Life Cooperatives.

(c) No person, other than doctors, etc., may establish a medical institution;

Nevertheless, Defendant A accepted D Medical Life Cooperatives E and agreed to use the hospital facilities in order to establish a medical institution under the name of D Medical Life Cooperatives without maintaining the hospital facilities, and to lend the name of D Medical Life Cooperatives to Defendant B and C, the operator of D Medical Life Cooperatives, through F on June 15, 201, and to pay deposit amount of KRW 25 million per month and KRW 2.5 million per month (B. 1.5 million, KRW C.) under the name of the name of D Medical Life Cooperatives.

The Defendants established a medical institution under the name of “Dental Medical Life Cooperatives I” (hereinafter “instant hospital”) after employing an oriental medical doctor H and his/her employees, according to the aforementioned public offering around July 7, 201.

Accordingly, the Defendants established a medical institution even though they did not act in collusion.

In case where a person who is not entitled to establish a medical institution in violation of the Medical Service Act has employed a doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act.

The Defendants conspired with the Defendants from July 7, 201 to October 11, 2012.

As stated in paragraph (1), after having H treat patients, he/she submitted a statement of medical care benefit costs to the Health Insurance Review and Assessment Service while operating I oriental medical hospital. He/she was notified of the results of the examination and received KRW 823,296,050 in total as the medical care benefit cost from the plaintiff who believed it to be true.

E. The Defendants are as follows.

subsections and d.

(b) the facts described in paragraph (3);

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