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(영문) 인천지방법원 2018.01.31 2016가단233247
손해배상(기)
Text

1. The Defendants jointly share KRW 82,312,710 with respect to the Plaintiff and the period from October 2, 2008 to October 20, 2016.

Reasons

1. Facts of recognition;

A. Defendant E (hereinafter “Defendant corporation”) is a non-profit corporation established for the purpose of cooperation among missionary organizations; Defendant A is a representative director of the Defendant corporation; Defendant B is a secretary general of the Defendant corporation; Defendant C is a managing director of the Defendant corporation; and Defendant D is a managing director of the Defendant corporation; and Defendant D is a managing director of the Defendant corporation; and actually operates F of the Defendant corporation.

B. Defendant B, C, D, and Defendant corporation were indicted for violating the Medical Service Act and convicted (the first instance court Incheon District Court Decision 2008Da5569, Incheon District Court Decision 2009No407, Supreme Court Decision 2009Do4061). The criminal facts related to the instant case (the “F Council”) are as follows.

【Criminal Facts】

1. Medical personnel or a corporation or non-profit corporation established for the purpose of rendering medical services may establish a medical institution, but no non-profit corporation which may establish a medical institution may require any person, other than medical personnel, to establish a medical institution;

Defendant

B, C and (Non-Public Prosecution A resolved to establish a medical institution in the name of the defendant corporation as a non-profit corporation, and those who are not medical personnel agree to pay the entrance fee, deposit, monthly management fee, etc. in return for the establishment of a medical institution by lending the name of the above defendant corporation.

Defendant

B, C, and D in collusion, from January 2, 2008 to the same year.

7. From the date of March 31, 200, the above D established a medical institution under the name of the medical institution called “EF Council” in the building located in Jung-gu Incheon Metropolitan City, with medical rooms, etc. employed by medical doctors and nurses, and had medical doctors conduct medical treatment against patients, and then had them conduct medical treatment, thereby raising a total of KRW 65,789,750.

2. From October 4, 2005 to July 31, 2008, Defendant B, C, etc., an employee of the Defendant corporation, established 35 medical institutions in collusion with non-medical persons as above.

C. The Defendants are as above.

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