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(영문) 서울중앙지방법원 2019.10.02 2018가단5075081
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 121,720,525 as well as 5% per annum from May 31, 2018 to October 2, 2019.

Reasons

1. Determination as to the claim against the defendant B

A. The Defendant B, along with the Defendant C, issued to the patients documents that dissipating the frequency of medical treatment with the patients to the patients, and the patients claimed insurance money based on the above documents and received the insurance money from the Plaintiff.

As above, the Plaintiff suffered damages equivalent to the insurance amount paid to the patients due to joint tort committed by Defendant B and Defendant C.

Therefore, Defendant B, as a joint tortfeasor under Article 760 of the Civil Act, is liable to pay damages equivalent to 121,720,525 won and damages for delay incurred by the Plaintiff as shown in attached Table 1.

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

C. Pursuant to the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Partial Dismissal Lawsuit (amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019), the portion exceeding the damages for delay calculated at the rate of 12% per annum from the day after this judgment was rendered to the day of full payment, among the Plaintiff’s damages for delay, exceeds the damages for delay calculated at the

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion in collusion with the Defendant C issued to the patients documents that dissipating the number of medical treatment by false means than the number of medical treatment actually received. The patients claimed insurance money based on the above documents and received the insurance money from the Plaintiff.

As above, due to the joint tort committed by Defendant B and Defendant C, the Plaintiff paid insurance proceeds of KRW 191,726,086 in total to the patient D, E, F, G, H, I, J, K, K, M, M, N,O, P, Q, Q, R, T, and U as shown in attached Table 1.

Therefore, Defendant C is a joint tortfeasor under Article 760 of the Civil Act, and the remaining unrefilled amount, excluding KRW 70,005,561, which was recovered from the above insured amount to Defendant B’s deposit, as the joint tortfeasor under Article 760 of the Civil Act.

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