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(영문) 인천지방법원 2017.04.05 2016가단231371
손해배상(기)
Text

1. The Defendants are 98,898,150 won to each Plaintiff and 5% per annum from March 3, 2011 to October 27, 2016.

Reasons

1. Facts of recognition;

A. The Defendants employed a doctor E, who is not a medical practitioner, and established a G Hospital in the Si interesting City F, and treated patients.

B. From July 1, 2010 to December 31, 2010, the Defendants claimed medical care benefit costs for patients’ medical treatment, and received from the Plaintiff KRW 149,595,140 until March 2, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to Articles 42(1) and 47 of the National Health Insurance Act, only a medical institution established under the Medical Service Act may provide medical care benefits to a medical care institution and then claim the payment of the medical care benefits to the Plaintiff.

However, according to Article 33 (2) of the Medical Service Act, the defendants who are not medical personnel cannot establish a medical institution under the Medical Service Act.

Although the Defendants did not operate a medical institution under the Medical Service Act, this fact belongs to this fact, and the Plaintiff claimed and paid medical care benefit costs constitutes a tort against the Plaintiff.

The Defendants are obligated to pay 98,898,150 won among the costs of health care benefit paid by the Plaintiff to each Plaintiff as compensation for tort, as claimed by the Plaintiff, and to pay 5% interest per annum prescribed by the Civil Act from March 3, 2011 to October 27, 2016, which is the date of the final delivery of the copy of the complaint in this case, and 15% interest per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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