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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. From December 18, 1982 to June 15, 1986, the Plaintiff opened and operated a hospital in Busan Dong-gu, Busan, and from June 15, 1986 to September 2, 1986, E Hospital was designated as a medical care institution under the former Medical Insurance Act from the time of its establishment.
B. From July 1, 1985 to June 30, 1986, Defendant (the enforcement of the National Health Insurance Act) issued a notice of unjust enrichment of KRW 27,416,180 against the Plaintiff on January 23, 1987, a notice of notification of unjust enrichment of KRW 27,416,180 against the Plaintiff on the ground that the Plaintiff falsely prepared medical records of patients who did not have been directly treated at the above two hospitals, and that the Plaintiff filed an unfair claim for medical insurance medical expenses based thereon.
C. On the other hand, on May 1, 1987, the Minister of Health and Welfare issued a disposition suspending a doctor's license for a period of 12 months on the same ground to the Plaintiff. As a result of the administrative litigation, the Plaintiff was found to have claimed the insurance benefit costs in a fraudulent manner, but the Plaintiff was found to have rendered a judgment in favor of the Plaintiff to the effect that the amount of unfair claims was unlawful, even if the ratio of the amount of unfair claims did not meet the administrative disposition criteria. On January 25, 1990, the said judgment became final and conclusive (Supreme Court Decision 89Nu1902), and revoked the Plaintiff's suspension of qualification on March 15, 199.
From February 12, 1987 to August 24, 1994, the defendant notified the payment demand ten times, but the plaintiff did not comply with it, and on October 4, 1999, approved the disposition on default by the Minister of Health and Welfare. On October 14, 1994, the defendant recovered KRW 18,834,680 out of KRW 29,818, including additional dues, by seizing the plaintiff's civil claim for damages, and thereafter, notified the payment demand on May 31, 2001 and June 30, 2001.
(e).