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(영문) 인천지방법원 2020.09.11 2018가합63227
손해배상(기)
Text

1. Defendant A shall attach attached Form 155,348,620 won to the Plaintiff and each money recorded in the “amount of loss of the Corporation” column in attached Form 1.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of the long-term care insurance program under Article 7(2) of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Elderly Care Act”). The Plaintiff is a company that manufactures the walking wheeler for the adult (E; hereinafter “the instant walking machine”) subject to the Plaintiff’s insurance benefit. The Defendant A was the representative director of the said company from August 2, 2005 to December 5, 2017, established by the instant company.

B. Under Article 15(2) of the Medical Care Act for the Aged Act, the term "long-term care benefits" means the provision of services, such as physical or household activities, care, etc., or cash, etc., to a person deemed difficult to lead a daily life on his/her own on his/her own for at least six months pursuant to Article 15(2) of the same Act (Article 2 subparag. 2 of the Medical Care Act for the Aged), and the term "other home benefits" among long-term care benefits includes the provision or lease of the benefits determined and publicly notified by the Minister of Health and Welfare as those necessary for supporting the daily life and physical activities of the beneficiaries and for maintaining and improving recognition functions (Article 23(1)1(f) and (2) of the Act on the Medical Care for the Aged and the Enforcement Decree of the same Act, and the public notice of the Ministry of Health and Welfare (hereinafter "public notice"). According to the foregoing, the procedure for determining the medical care benefits shall be based on ① the determination of the amount of benefits established by a manufacturer or importer of the long-term care benefits applied to the Plaintiff, after consultation with the chairperson.

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