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(영문) 울산지방법원 2018.01.10 2017가합23482
부당이득금
Text

1. The Defendants jointly share KRW 759,402,630 with respect to the Plaintiff, and the period from December 25, 2008 to September 15, 2017.

Reasons

1. Facts of recognition;

A. Defendant A and B were disqualified from establishing a medical institution under the Medical Service Act; Defendant C, a doctor, paid KRW 10,00,000 per month to Defendant C, and on May 9, 2007, Defendant C opened and operated an E hospital located in Ulsan-gun, Ulsan-gun (hereinafter “instant hospital”); Defendant C, from May 10, 2007 to December 3, 2008, performed medical acts such as treating patients at the instant hospital; and the instant hospital discontinued on December 19, 208.

B. The Defendants claimed medical care benefit costs under the National Health Insurance Act from May 9, 2007 to December 24, 2008, and received total amount of KRW 759,936,490 from the Plaintiff (hereinafter “instant medical care benefit costs”).

C. Defendant A and B violated the Medical Service Act stating that “In collusion, although it is impossible to establish a medical institution, to establish the instant hospital and to employ five doctors, to raise profits from an average of 60 million won per month.” Defendant C had Defendant A and B, a non-medical person, obtained permission to establish the instant hospital under the name of Defendant C on May 9, 2007, thereby aiding and abetting Defendant A and B to commit a violation of the Medical Service Act, and issued a summary order from 10 to 3, 208, to 100, 200, 200, 300, 200, 200, 200, 300, and 40, 200, 200, 200, 200, 300, and 40,000, 10,000, and 30,000,00,000 won, respectively.”

[Reasons for Recognition] Nos. 1 through 3, and 5, each of the facts in this Court, or the evidence of No. 5.

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