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(영문) 서울고등법원 2019.12.11 2019누39989
장기요양급여비용 환수결정 취소 청구의 건
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the judgment of the court of first instance, such as the acceptance of the judgment, are as follows: (a) additional determination that it is difficult to regard the evidence submitted by the plaintiff in addition (the confirmation of the fact of Z, No. 16, which is the plaintiff's mother, and the testimony of the witness of the court of first instance, as different from the court of first instance even if the plaintiff added the testimony of the court of first instance; and (b) except for the modification of the pertinent part as follows 2, the part of the judgment of the court of first instance, which included "relevant Acts and subordinate statutes" in attached Form 3, but excluding the part "3. conclusion" shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act, and Article 420 of the Civil Procedure Act. Each of "the medical care center of this case" of the 4th and 9th e.g., the "Center of this case" as the "Center of this case"

(A) The Plaintiff did not dispute the part concerning the recipient T. In addition, the Plaintiff did not claim for a day and night protection benefit for the time when the recipient F et al. resided in the nearby accommodation of the instant center. The Plaintiff’s restitution by deeming the Plaintiff as illegal on the day and night protection benefit for the time protected by the instant center is unlawful.

The following contents are added to the right side of the 3rd following the 5th sentence “illegal.” under the 5th sentence, “illegal.” (the Plaintiff is not disputing the part concerning U.S.). In such cases, the following contents are added to the right side of the 9th table. In such a case, even if the Plaintiff claimed and received only the weekly and night protection benefits for the time when the recipient F, etc. was protected at the instant center, it constitutes a case where the Plaintiff claimed and received the expenses for benefits by fraud or other improper means.

Under the main sentence of 20, the 6th line “A Q” shall be raised into “W”.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion.

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