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(영문) 서울중앙지방법원 2014.09.04 2013가단283042
채무부존재확인
Text

1. A list of the attached papers based on the decision of the Medical Fee Dispute Resolution Council dated September 26, 2013 against the Plaintiff’s Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff provided medical treatment to each patient listed in the separate sheet and received each of the medical expenses listed in the separate sheet (hereinafter “instant medical expenses”) from the Defendant.

B. On September 26, 2013, the Defendant filed a petition with the Medical Fee Dispute Resolution Council (hereinafter “Council”) for an examination of the instant medical expenses, and the Council rendered a decision to the effect that the Plaintiff would pay the Plaintiff the instant medical expenses and the review fees indicated in the separate sheet (hereinafter “instant review fees”) to the Defendant (hereinafter “decision of the Council”).

C. On October 24, 2013, the Plaintiff filed the instant lawsuit to the effect that it is dissatisfied with the instant Council’s decision.

[Reasons for Recognition] Cleared Facts in records, entry of Gap evidence 1 to 24, the purport of the whole pleadings

2. Article 21(2) of the Guarantee of Automobile Accident Compensation Act provides that the decision of the Council shall be deemed to have been reached in cases where the party to whom the decision of the Council was notified accepts the decision of the Council or fails to bring an action within 30 days from the date of receipt of the notification, and does not provide for the procedure or method of filing a lawsuit. In light of the relevant provisions regarding the composition, examination procedure, effect of the decision of the Council as provided in the above Act, the above decision of the Council cannot be deemed an administrative disposition. Thus, the party to whom the decision of the Council was notified may be dissatisfied with the decision of the Council by filing a lawsuit to the effect that it is incompatible with the contents of the decision of the Council, such as seeking direct payment of medical expenses or seeking return of unjust enrichment of the already paid medical expenses, and the decision of the Council shall not be legally binding upon the filing of the lawsuit.

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