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(영문) 서울중앙지방법원 2015.05.20 2014가합581245
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A’s KRW 598,226,528 and its related 5% per annum from April 3, 2015 to May 20, 2015.

Reasons

The summary of the instant case is the case where Defendant A, not a medical personnel, conspired with the remaining Defendants, who were medical doctors, and filed a claim against the Plaintiff for medical care benefits for patients treated by the remaining Defendants during the establishment and operation of a hospital, constitutes tort or unjust enrichment, and thus, the Plaintiff seeks compensation or unjust enrichment equivalent to the amount of reimbursement to the Defendants.

On the premise, Defendant A, who established a medical institution of the Defendants, was not a medical personnel, was not entitled to establish a medical institution, but was leased a building located in Dongjak-gu Seoul Metropolitan Government E on June 2004 and operated the “Fvalescent Hospital” with the permission for the establishment of a hospital in the name of the rest of the Defendants.

On July 19, 2004, the above hospital was designated as an industrial accident insurance-related medical institution under Article 43(1) of the Industrial Accident Compensation Insurance Act.

From July 1, 2004 to May 1, 2005, Defendant D treated workers subject to industrial accident insurance while working as the president of the instant hospital from May 2, 2005 to February 21, 2007, and Defendant C from February 22, 2007 to July 31, 2013.

Defendant A and C’s criminal punishment, Defendant A and C, a non-medical person, committed a violation of the Medical Service Act to establish the said hospital in collusion, and the conviction of Defendant A and Defendant C became final and conclusive for one year and six months of imprisonment, three years of suspended execution, and 20 million won of fine.

[Seoul Central District Court Decision 2013Da3527, 5734 (Joint Division); Seoul Central District Court Decision 2014No189 (Separation); Supreme Court Decision 2014No189 (Separate Division) Decided April 17, 2014; Supreme Court Decision 2014No189-1 Decided August 14, 2014] The Plaintiff paid medical care benefits to the Plaintiff at the request of the instant hospital, an industrial accident insurance-related medical institution. The Plaintiff paid KRW 747,783,160 for medical expenses pursuant to Article 45(1) of the Industrial Accident Compensation Insurance Act at the request of the instant hospital, which is the industrial accident insurance-related medical institution.

The details of medical expenses paid during the period of service of Defendant B, D, and C as the president are as follows:

Defendant.

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