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1. Defendant A and B shall jointly and severally serve as the Plaintiff KRW 487,355,720 and as a result, from February 25, 2006 to December 17, 2016.
Reasons
1. Indication of claim;
A. Although Defendant B, C, and D were not eligible to establish a medical institution as non-medical personnel, Defendant B, who was employed by each doctor, from February 9, 2004 to February 5, 2006, and from February 6, 2006 to May 14, 2007, Defendant C, and D established the F convalescent Hospital “Fvalescent Hospital” (hereinafter “the instant convalescent Hospital”) on the 4 and 6th floor of the Dong-gu E-gu Seoul Special Metropolitan City, Ansan-si. Defendant A employed each of Defendant B, C, and D, and performed medical practice under the name of the Defendant A.
B. The Plaintiff believed that the intermediate care hospital of this case was lawfully established, and paid KRW 1,198,597,230 ( KRW 487,35,720 for medical treatment from November 9, 2004 to February 5, 2006, and KRW 711,241,510 for medical treatment from February 6, 2006 to May 14, 2007) as Defendant A’s account.
C. The National Health Insurance Act limits health care benefit costs to “medical care institutions established under the Medical Service Act,” and the Medical Service Act limits to “medical care institutions established under the Medical Service Act,” and thus, the Plaintiff is not obligated to pay health care benefit costs to medical care institutions in violation of the Medical Service Act.
However, due to the above acts of the Defendants, the Plaintiff paid medical care benefit costs without any obligation to pay. Accordingly, without any legal cause, the Plaintiff suffered considerable damages from the Plaintiff, thereby gaining profits therefrom, and the Defendants shall return the amount equivalent to the medical care benefit costs to the Plaintiff as unjust enrichment.
E. In addition, since the Plaintiff paid the medical care benefit cost due to the aforementioned tort committed by the Defendants, the Defendants shall compensate the Plaintiff for the amount equivalent to the medical care benefit cost paid by the Plaintiff.
F. Therefore, Defendant A and B jointly and severally agreed with the Plaintiff, and Defendant A and B were 487,35,720 won for treatment from November 9, 2004 to February 5, 2006 and the day following the final payment date.