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(영문) 광주고등법원 2021.01.22 2020누11380
요양급여비용 환수처분 등 취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

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

Reasons

1. The reasoning of the judgment of the court in this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is modified and used as follows. Thus, the court’s decision in this case is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

SECTION 4 60 6 6 6

The main sentence of the paragraph shall be filled by the following:

"......"

On June 16, 2017, the Defendant rendered a disposition to recover KRW 533,189,970 from the Plaintiffs during the suspension period of qualification for Plaintiff A.

The plaintiff in the fourth fifth fiveth sentence of "the plaintiff shall be referred to as "the plaintiffs".

Part 4 (e) of this paragraph and all the indications inserted therein shall be deleted.

The evidence of No. 12, the evidence of No. 12, the evidence of No. 1 to No. 3, the evidence of No. 1 to No. 4, and the evidence of No. 1 to No. 3, E, and the evidence of No. 1 to No. 3, are deleted from No. 4, and the evidence of No. 4 is added to the above [the grounds for recognition].

Under the 10th day below, the first 11th 2th day shall be followed by the Defendants’ all “Defendant” under the 12th day below the 12th day.

The following shall be added to the 12th below:

“C) The Defendant’s collection of the full amount of care benefit costs to all the Plaintiffs without considering the Plaintiffs’ contents of the instant hospital business, the role of Plaintiff A among them, the proportion of the Plaintiff’s business relationship, the degree of participation in the operation of the instant hospital during the suspension period of qualification and the degree of profits accrued therefrom, the degree of illegality of each Plaintiffs, and the existence of an administrative agency’s liability in the course of tort is excessive even in light of the public interest of securing the soundness of health insurance finance through the maintenance of a desirable benefit system.”

2. The plaintiffs' claim should be accepted on the grounds of the reasons.

The judgment of the court of first instance is just based on its conclusion, and the defendant's appeal is dismissed as it is without merit.

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