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(영문) 서울중앙지방법원 2017.05.11 2016가단5155204
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company running automobile insurance business, and the defendant is a cooperative that is established in accordance with the Consumer Cooperatives Act and carries on medical services, etc.

B. The Defendant’s president B, who was disqualified for doctor, established the Defendant association from July 11, 201 to August 2015, 201, employed an oriental medical doctor D, nurse, physical clinic, etc., and provided a water treatment room in Bupyeong-gu, Bupyeong-gu, Incheon-si, with the Defendant’s medical institution attached thereto, employs G oriental medical doctor, nurse, physical clinic, etc. from January 6, 201 to August 201, and was actually equipped with the Defendant’s affiliated medical institution in the form of the Defendant’s affiliated medical institution, and was actually equipped with the Defendant’s affiliated medical institution in charge of violation of the Medical Service Act from May 1, 201 to 2015, and was actually equipped with the Defendant’s affiliated medical institution in charge of violation of the Medical Service Act from March 6, 2012 to 3, 200 to 200 from May 1, 2013 to 2015.

C. The Plaintiff provided medical treatment to the victim of a motor vehicle accident (where the Plaintiff falls under the grounds for the payment of insurance proceeds under an automobile insurance contract concluded by each contract party), and filed a claim for motor vehicle insurance medical fees with the Plaintiff. The amount paid is KRW 3,141,540 (from October 24, 2014 to March 18, 2015), KRW 3,390,730 (from April 2, 2014 to April 1, 2016), KRW 3,390,730 (from April 2, 2016 to April 1, 2016), and H oriental medical hospitals, KRW 40,486,810 (from February 8, 2012 to March 24, 2016). The sum of the medical expenses in each of the instant cases is “the sum of KRW 40,486,810 (hereinafter referred to as “the medical expenses”).

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