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(영문) 부산지방법원 2020.12.30 2020가합40040
손해배상(기)
Text

1. The Defendants jointly share KRW 327,603,816 to the Plaintiff and the Defendant medical corporation A with respect thereto from November 30, 2011.

Reasons

1. Basic facts

A. According to the National Health Insurance Act, the Plaintiff is a non-profit public-service corporation that manages and operates health insurance business for the prevention, diagnosis, and rehabilitation of disease and injury, for the purpose of providing medical services. 2) The Defendant medical corporation A (hereinafter “Defendant corporation”) is a non-profit medical corporation established on January 11, 2007 for the purpose of providing medical services. The Defendant B was a representative of the Defendant corporation, and operated after setting up D's source by lending the name of the Defendant corporation from C.

B. Although Defendant B cannot establish a medical institution because it is not a medical person, Defendant B promised to pay C KRW 25,000,000 as a fee for name lending, monthly management fees, and 1,000,000,000 as a management fee for each month through a medical corporation’s name lending the name of the Defendant corporation. From February 2, 2010 to March 201, the name of the Defendant corporation loaned the name of the D Council member (hereinafter “instant Council member”) in the name of Busan House E-gu from February 2, 201, the medical corporation provided 26 sickbedss and clinics, and had the doctor provide medical treatment against the patient.

C. A final judgment of conviction 1) C was convicted of a violation of the Medical Service Act, which caused non-medical persons to establish a medical institution as above, and was indicted by Busan District Court 201Mo878 and was sentenced to imprisonment on July 25, 2011 from the above court. The appeal and final appeal by C against the above judgment became all dismissed, and the above judgment became final and conclusive on November 26, 2011. (2) Defendant B was charged with a charge of violation of the Medical Service Act, etc., which established a medical institution by lending the name of the Defendant corporation, and was sentenced to two years of imprisonment and fine 2,00,000 won on June 222, 2012 (Seoul District Court 2012No408), and was dismissed by the final and conclusive appeal by Supreme Court 201Do7976 on August 3, 2012.

The plaintiff's medical care benefit cost.

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