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(영문) 춘천지방법원 2018.09.19 2017나52266
부당이득금반환
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. Basic facts

A. The Defendant is a medical corporation that operates the Chuncheon Sincheon University Hospital located in Chuncheon City (hereinafter “Defendant Hospital”), and the Plaintiff is a patient who received medical treatment at the Defendant Hospital.

B. On December 18, 2014, the Plaintiff prepaid KRW 105,340 (the medical expenses of KRW 2,690 and the expenses for internal and internal inspections of KRW 102,650) at the Defendant Hospital.

C. From January 26, 2015 to December 28, 2015, the Plaintiff hospitalized the Defendant Hospital to undergo the examination of the relevant internal border and registry (hereinafter “instant inspection”). The Defendant Hospital claimed KRW 281,630 to the Plaintiff for the Plaintiff’s charge of KRW 1,046,207 (hereinafter “instant medical expenses”). The Plaintiff paid KRW 178,980 remaining after deducting KRW 102,650 from the internal border bordering that was prepaid.

After that, the Health Insurance Review and Assessment Service, upon the Plaintiff’s objection, examined the propriety of the claim for the medical expenses of this case, and decided that Defendant hospital claimed excessive KRW 1,156 out of the medical expenses of this case, and the Defendant hospital refunded KRW 1,156 to the Plaintiff.

[Ground for Recognition: Unsatisfy, Gap evidence 1 and 8 (including virtual number; hereinafter the same shall apply)

(ii) evidence Nos. 1, 5, and 6, as well as the purport of the entire pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff did not receive a true treatment, such as the water surface guidance system and the roadside administration at the time of the instant inspection, but the Defendant hospital included the relevant medical expenses in the medical expenses of this case, and received KRW 277,824 from the Plaintiff.

In order to respond to the above claim for unfair medical expenses of the defendant hospital, the plaintiff paid various expenses, such as transportation expenses and food expenses, by visiting the Seoul Health Insurance Review and Assessment Service and the defendant hospital, etc. In order to raise an objection, the defendant paid the plaintiff the above unfair medical expenses of KRW 277,824, and the expenses of transportation expenses of KRW 500,000 and the compensation for mental suffering suffered by the plaintiff of this case 3,000.

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