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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who established and operated the “A Hospital” (hereinafter “instant hospital”) in the building located in Geumcheon-gu Seoul Metropolitan Government.
B. From February 1, 2007 to December 31, 2009, a public official belonging to the Ministry of Health and Welfare conducted an on-site investigation of the instant hospital and confirmed that the Plaintiff’s 69 persons who submitted the results of the on-site investigation of the instant hospital, when the Plaintiff conducted an on-site investigation with respect to the instant hospital, and filed a claim for medical care benefit expenses with respect to the patient from February 1, 2007 to December 31, 2009, fully or partially identical with the results of the on-site examination of other patients at other hospitals or the instant hospital’s on-site examination.
Since the inspection values of each individual cannot be naturally identical with those of his/her presses, the Plaintiff determined that the file was made by copying the results of the examination of other patients and covering the copies of the copies, and then correcting the name and date of the copy after covering them. On April 13, 2011, the Plaintiff notified the Defendant of the disposition of restitution of unjust enrichment on the ground that the Plaintiff unfairly claimed medical care benefit costs from the Defendant by unlawful means.
C. On May 31, 201, the Defendant rendered a disposition to recover KRW 67,980,000 for medical care benefit costs paid to the Plaintiff pursuant to Articles 52(1) of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 2011; hereinafter the same) and 52(1) of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 2011; hereinafter the same) on the ground that the Plaintiff charged the Defendant with medical care benefit costs by deceit or other unjust means (hereinafter “instant restitution disposition”). The Defendant recovered all the aforementioned money by means of electronic offsetting.
C. The Minister of Health and Welfare on January 23, 2007