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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 gist of the Plaintiff’s assertion was that the Plaintiff deposited the excess amount of KRW 11,958,520 of the patient’s burden to be repaid from the National Health Insurance Corporation to the Defendant’s bank account on March 20, 2017, and the said amount ought to be reverted to the Plaintiff, but the Defendant received the payment from the Plaintiff. Therefore, the Defendant ought to return the said
2. The fact that the excess of 11,958,520 won to be borne by the patient under the Plaintiff’s name (hereinafter “the excess amount”) was deposited into the bank account in the Defendant’s name on March 20, 2017 is no dispute between the parties.
However, in light of the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statements in Eul evidence Nos. 8 through 13 (including additional numbers), namely, that the defendant would have been deemed to have paid the hospital expenses required for the treatment of the plaintiff, and that the plaintiff entered and submitted to the bank account in the name of the defendant in order to recover the excess amount of this case, the evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the defendant gains profits without any legal cause from the excess amount of this case and the plaintiff suffered losses equivalent to the same amount, and there is no other evidence to prove otherwise.
3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.