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(영문) 부산지방법원 2015.06.17 2014가합43697
용역대금
Text

1. The Defendant’s KRW 75,390,439 as well as 5% per annum from May 14, 2014 to June 17, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of legal medicine analysis business, and the Defendant is an association established for the purpose of improving the system of non-life insurance and proposing improvement of the system regarding non-life insurance with non-life insurers as its member companies.

B. 1) The non-life insurers belonging to the Defendant agreed to take civil and criminal measures against policyholders by unfairly receiving insurance proceeds from non-life insurers in the middle of 2011, and the Defendant decided to take overall charge of the aforementioned tasks. (2) On October 2011, the Defendant entered into a medical record review service contract with the Plaintiff (hereinafter “instant service contract”). The main contents of the said contract are as follows.

Article 2 (Scope of Services) Services rendered by the Plaintiff are the analysis of medical records for proving false claims for insurance proceeds, and services related thereto.

Article 6 (Service Remuneration) (1) The Defendant’s payment of the service remuneration to the Plaintiff shall be equivalent to the standard amount of the unit price table of medical expenses-on-site service, and the total amount required for the service performance shall be deemed to be included in the cost of the service performance.

② Upon completion of the service performance, the Plaintiff filed a claim for remuneration with the Defendant along with the report on the performance, and the Defendant shall pay the Plaintiff in cash without delay after receiving the claim.

According to the terms and conditions of “the unit price table for medical expenses-based survey service”, and the result of the analysis of 5% payment (including value added tax) based on the final judgment amount after the completion of the investigation, the Plaintiff completed the analysis of medical records for about 700 persons pursuant to the instant service contract, and most of the cases related to the medical records that the Plaintiff performed in the analysis work were prosecuted to the court. 4) The Defendant paid to the Plaintiff all of the analysis fees and travel fees per analysis hour under the instant service contract, but the amount equivalent to 5% of the final judgment amount.

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