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(영문) 전주지방법원 2015.02.04 2014가합3862
부당이득금
Text

1. The Defendants’ respective Plaintiff KRW 303,681,860 as well as Defendant B from December 22, 2007 to June 23, 2014.

Reasons

1. Facts of recognition;

A. On November 2006, the Defendants established and operated a medical institution, which is not a medical personnel, but could not establish a medical institution. However, on the other hand, on the part of Defendant B’s husband, the Defendants conspired to establish a medical institution by using the C’s medical license, which is not capable of operating the medical institution due to brain color, etc., or by using the C’s medical license. On January 2, 2007, the Defendants filed an application for the permit to establish the D/C medical institution, which is a medical institution under the name of the C, with the permission to establish the D/C medical institution under the name of the former mayor on January 10, 207, and established the D/C medical institution under the name of C.

B. Defendant B was sentenced to a suspended sentence of one year for a violation of the Medical Service Act on January 15, 2008, on the grounds that Defendant B established a medical care hospital, which is a medical institution, even though it was not a medical personnel, and was sentenced to a suspended sentence of two years for the following reasons: (i) Defendant A was unable to establish a medical institution on August 11, 2009 due to the fact that Defendant B established a medical care hospital, which is a medical institution, notwithstanding the fact that he was not a medical personnel; (ii) Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Medical Service Act on January 15, 2008; and (iii) Defendant A was unable to establish a medical institution because it was not a medical personnel; and (iv) Defendant A was sentenced to a suspended sentence of two years for a violation of the former District Court Act on August 11, 2009.

C. The Defendants who were paid the Plaintiff’s medical care benefit costs filed a claim with the Plaintiff for the payment of the medical care benefit costs regarding the medical care treatment of the D convalescent. The Plaintiff paid the Plaintiff the medical care benefit costs from January 10, 207 to March 20, 207; from October 10, 2007 to November 30, 2007, with respect to the medical treatment performed by the D convalescent hospital, KRW 303,681,860 (i.e., the Corporation’s charges 314,045,320 - withholding income tax 9,421,340 - withholding resident tax 942,120).

[Reasons for Recognition] Defendant A: The fact that there is no dispute, Gap evidence 1 through 3, and all pleadings.

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