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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff was indicted on April 12, 2013 by the Jung-gu District Court 2013Ra821 on the charge that he/she lent his/her pharmaceutical license to D without a pharmacist’s license at the pharmacy B and 1st floor from January 22, 2010 to July 22, 2011, for violation of the Pharmaceutical Affairs Act.
(2) On November 15, 2013, the said court rendered a judgment of innocence against the Plaintiff.
(3) The Prosecutor appealed to the District Court No. 2013No2607, but the said court dismissed the Prosecutor’s appeal on June 13, 2014, and the said judgment became final and conclusive as it is.
B. On May 7, 2013, the Defendant was notified by an investigative agency that the Plaintiff was indicted for violating the Pharmaceutical Affairs Act, and the Defendant decided to withhold the payment of medical care benefits to the Plaintiff on May 7, 2013 in order to offset by offsetting the claim for collection of unjust enrichment under Article 57(2)2 of the National Health Insurance Act.
C. (1) The Plaintiff established and sold a pharmacy from November 1, 2013, and thereafter claimed medical care benefits for the Defendant, including KRW 8,362,220 on December 2, 2013, KRW 19,070 on December 9, 2013, and KRW 2,19,070 on December 16, 2013, and KRW 370 on December 16, 2013.
The Defendant shall pay the relevant medical care benefit on December 31, 2013, KRW 2,122,950 on December 17, 2013, KRW 20.2,162,610, KRW 310 on December 31, 2013, KRW 42,122,170 on January 13, 2014, KRW 508,50 on KRW 508,050 on January 15, 2014; KRW 630,780 on January 23, 2014; KRW 780, KRW 780 on KRW 7,384, KRW 310 on January 23, 2014; KRW 10,000 on KRW 31,384, KRW 810 on January 24, 201, KRW 194; and KRW 13,531,205; and
The payment of the relevant medical care benefits was deferred according to the decision to withhold payment as described in the paragraph (hereinafter “instant payment deferment”).
(3) On March 4, 2014, the Defendant cancelled the withholding of the instant payment, and the Plaintiff’s medical care benefit expenses withheld on March 7, 2014.