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(영문) 서울고등법원 2019.09.06 2019누40330
요양급여비용 환수결정 무효확인등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as that of the judgment of the court of first instance, except for the part resulting in a dismissal or addition as follows, and thus, it shall be quoted pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(1) The Plaintiff’s assertion in the court of first instance does not significantly differ from the contents of the Plaintiff’s assertion in the court of first instance, and even if all of the evidence submitted in the court of first instance and the court of first instance were examined, the judgment of the court of first instance that rejected the Plaintiff’s assertion is justifiable. [Attachment 1] Nonindicted 2 of the court of first instance: (a) 3 and 4 of the judgment; and (b) both the Plaintiff and the Minister of Health and Welfare appealed as Seoul High Court No. 2018Nu78741; and (c) the Plaintiff and the Minister of Health and Welfare appealed to the effect that the above disposition was legitimate; (d) on June 28, 2019, the lower court accepted only the appeal by the Minister of Health and Welfare on the ground that the part against the Minister of Health and Welfare in the judgment of first instance and rendered a judgment dismissing the Plaintiff’s claim for revocation; and (e) on the ground that the Defendant’s additional evidence No. 2 of the judgment of first instance calculated as “Evidence No. 17,” as evidence No. 5. 2 of first instance.7.

However, medical care benefit costs under the National Health Insurance Act are national medical care beneficiaries according to the national health insurance system.

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