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(영문) 서울남부지방법원 2017.08.09 2016가단248909
사해행위취소
Text

1. The repayment contract concluded on November 30, 2014 between the Defendant and B shall be revoked within the scope of KRW 104,328,767.

2.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B (1) A, an oriental medical doctor, was employed by C, who is not a medical practitioner, and thus is ineligible to establish a medical institution. From February 11, 2011 to January 3, 2012, the Plaintiff performed medical practice while serving as the head of the hospital of the Gangdong-gu Seoul Metropolitan Government Evalescent Hospital (hereinafter “instant hospital”).

B was prosecuted as a violation of the Medical Service Act as to the above act, and was sentenced to a fine of three million won from the Seoul Eastern District Court (2012 Godan131) on June 28, 2012, and the above judgment became final and conclusive due to the dismissal of B’s appeal.

(2) During the period of work at the instant hospital, B provided six industrial accident workers, including F, etc. with six workers. Upon the request of the said hospital, the Plaintiff paid KRW 74,360,110 to the instant hospital as medical expenses for the said industrial accident workers during the period from April 20, 2011 to April 5, 2012.

(3) Article 84(3)1 of the Industrial Accident Compensation Insurance Act provides that “If an industrial accident insurance-related medical institution has received medical expenses by fraud or other improper means, an amount equivalent to twice the relevant medical expenses shall be collected.” The Plaintiff decided to recover KRW 148,720,220 equivalent to twice the medical expenses from B pursuant to the above provision of the Act on the ground that the instant hospital did not become an industrial accident insurance-related medical institution under the Medical Service Act and received the payment of medical expenses by unlawful means (hereinafter “the instant claim”). On January 2, 2014, the Plaintiff notified the instant decision to B.

B. (1) B, such as a debt repayment contract between the Defendant and B, is a debt repayment contract between the Defendant, who is his/her father, and the Defendant, on November 30, 2014, to the effect that “one hundred million won shall be repaid until October 31, 2014” (hereinafter referred to as the “debt repayment contract”).

B. Around that time, if B did not perform the above obligation to the Defendant, it shall be immediately the Defendant.

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