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(영문) 춘천지방법원원주지원 2020.11.19 2017가합5873
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. 1) D and E operated the C Hospital in the original city F, and when the designation of the C Hospital was revoked, the name of the representative of C Hospital was changed to the Plaintiff on December 2, 2008 in order to obtain the re-designation. The Plaintiff was receiving benefits from D and E while working for C Hospital from that time. (2) The Defendant as the owner of C Hospital building and the lessor of D and E lent approximately KRW 450 million to D and E as the operating expenses of C Hospital, and as D and E were not repaid, the Plaintiff removed D and E removed from the building of C hospital.

After the removal of D and E, the Plaintiff continued to work in C Hospital after receiving benefits from the Defendant.

3) The Defendant’s written confirmation to the effect that “All obligations incurred prior to April 24, 2009 with respect to C Hospital shall not be related to the Plaintiff and shall be held responsible by the Defendant and G (the Defendant’s side position and the director at the headquarters of C Hospital)” (hereinafter “instant written confirmation”).

B) The Plaintiff prepared a summary order of KRW 3 million under the National Health Insurance Act, on January 16, 2015, which was issued a summary order of KRW 20,722,340 under the name of the National Health Insurance Act, as the Plaintiff conspired with the Defendant who is not eligible to establish a medical institution, lent the Plaintiff’s name to a medical institution, and the C Hospital is not a medical institution established under the Medical Service Act, and thus, the Plaintiff was not entitled to claim for medical care benefit costs under the National Health Insurance Act, but the Plaintiff was employed by the Defendant from April 24, 2009 to August 2009, and claimed for medical care benefit costs to the National Health Insurance Corporation every month after treating the patient at C Hospital and claiming for medical care benefit costs from April 24, 2009 to December 12, 2009 (a fraud of acquiring KRW 20,722,340 as medical care benefit costs).

2. The defendant also employs the plaintiff who is a doctor from April 24, 2009 to August 2009 in collusion with the plaintiff and the defendant is a C Hospital.

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