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(영문) 부산지방법원 2020.11.18 2019나43191
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

Facts of recognition

A. The Plaintiff concluded an insurance contract (C) with the Defendant to compensate for damages, etc. suffered by receiving hospitalized treatment due to a disease, etc. that occurred during the insurance period.

B. After receiving hospitalized treatment from September 11, 2015 to December 15, 2015, the Defendant received total of KRW 12,578,210 (hereinafter “instant insurance proceeds”) from the Plaintiff as the insurance proceeds under the instant insurance contract after having been hospitalized from the E Hospital located in Si-si (hereinafter “the instant insurance proceeds”).

C. In collusion with G G (Death on December 12, 2016) (the president of the E Hospital), F, the operator of the E Hospital, was the head of the said hospital. The fact was that H, a patient, had no prescription, treatment, and no high-frequency therapy, and no treatment had been provided, as stated in the medical records, etc.; the E Hospital’s medical expenses receipt, etc. were issued to H to deliver to H the receipt, etc., of the medical expenses that received the medical expenses, and received the medical expenses at the E hospital even though there was no fact that he received the medical expenses at the E hospital as stated in the medical expenses receipt, and had H receive the medical expenses and receive them, and had H receive them from the victim insurance company from October 18, 2012 to July 19, 2016, and was convicted of fraud by receiving the money in the name of the patient, including the Plaintiff, from the victim insurance company, and subsequently, charged for violation of the Medical Service Act in the Daegu District Court for 208 May 18, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 20 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant is entitled to medical treatment, the detailed statement of medical expenses, and the number of times stated in the receipt of medical expenses in the case of non-benefit items, and the operator, etc. of the E hospital without any prescription and treatment.

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