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(영문) 인천지방법원 2018.02.09 2017가합51784
손해배상(기)
Text

1. As to the Plaintiff, Defendant A, B, and C jointly and jointly with the Plaintiff KRW 2,131,127,770, and KRW 1,562,037,660 among them, January 22, 2010.

Reasons

1. Basic facts

A. Defendant B had Defendant A and C as his child, and Defendant D is the spouse of Defendant A.

B. Around August 16, 2007, Defendant B opened a G hospital under the name of its doctor F, and Defendant A, along with Defendant B, managed the employees’ employment and the funds of G hospital from August 16, 2007 to November 1, 201, and operated G hospital.

C. Defendant E acquired 1/2 of the shares of G Hospital around January 1, 2010, and assumed office as a director of G Hospital.

Defendant A and B, from August 16, 2007 to December 31, 2009, employed a doctor to treat patients and received a total of KRW 1,562,037,660 from the Plaintiff.

E. Defendant A, B, and E employed a doctor at G hospital from January 1, 2010 to November 1, 2010 and had the patient treat the patient, and received a total of KRW 569,102,940 from the Plaintiff.

F. Defendants B, A, and E were indicted by the Incheon District Court 2014 order 5981, 2014 order 6094 (merger) due to the facts constituting a violation of the Medical Service Act that they established a medical institution under the name of a doctor even though they are not medical personnel. On March 19, 2015, Defendant B was sentenced to the suspended sentence for six months, Defendant A was sentenced to the suspended sentence for eight months, Defendant A was sentenced to the suspended sentence for eight months, and Defendant E was sentenced to the suspended sentence for one year in six months, and the above judgment became final and conclusive, and Defendant C and D were subject to the suspended sentence for the same suspected facts (No. 24215, 55793).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. From August 16, 2007 to November 1, 2010, Defendant A, B, C, and D did not intend to establish a G Hospital, which is a medical institution, and violated the Medical Service Act. The above G Hospital does not constitute a medical care institution that is entitled to claim medical care benefit costs under the National Health Insurance Act, but did not constitute a medical care institution that is entitled to claim medical care benefit costs from the Plaintiff.

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