logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.08.16 2017가합7801
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion 1) The defendant employs doctor B and employs doctor B, and "C Foreign Medical Center" in the name of B (hereinafter "the hospital of this case").

(2) The instant hospital established by the Defendant, other than a medical person, was established in violation of Article 33(2) of the Medical Service Act, and constituted a medical care institution for which the Plaintiff is not entitled to receive medical care benefit costs from the Plaintiff under Article 42(1)1 of the National Health Insurance Act, by submitting a statement of medical care benefit costs to the Health Insurance Review and Assessment Service for the foregoing period, and requesting review during the foregoing period from July 2, 2007 to April 23, 2013.

Nevertheless, the defendant concealed the above facts and received medical care benefit costs from the plaintiff who was accused. This constitutes a tort in violation of the Medical Service Act and the National Health Insurance Act, and thereby, the plaintiff suffered considerable damage to the above money.

3. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,857,213,840 that the Plaintiff paid to the Defendant as the name of the medical care benefit cost, and damages for delay from May 14, 2013, following the Plaintiff’s final payment date.

B. According to the purport of the evidence No. 1 and the argument, the Defendant established and operated the instant hospital, which is a medical institution, even though the Defendant is not a medical institution capable of establishing a medical institution, from September 1, 2005 to August 2016. Although a medical institution under the Medical Service Act or a medical institution is not entitled to claim medical care benefit costs under the National Health Insurance Act, the instant hospital, which was established in violation of the Medical Service Act, is legitimate under the Medical Service Act.

arrow