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(영문) 서울중앙지방법원 2020.01.10 2019나14751
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The evidence submitted by the court of first instance for the acceptance of the judgment of the court of first instance and the grounds for appeal by the plaintiff are examined, and the fact-finding and judgment by the court of first instance are justified.

Therefore, the reasoning for the statement in this case is as follows: (a) under the second sentence of the judgment of the court of first instance, the plaintiff added "A" to "B" after June 30, 2010; (b) the second sentence read "B" as "the medical care benefit cost equivalent to KRW 2,824,610"; and (c) the "National Health Insurance Corporation" in the third sentence as "the National Health Insurance Corporation" in the first sentence is added to " around May 3, 2012"; and (d) except for the addition of the judgment below as to the allegations added by the plaintiff in the appellate trial, it is identical to the statement in the reasoning of the judgment of the court of first instance, and thus, it is cited as it is in accordance with the main sentence of

2. Additional determination

A. Even if it is not acknowledged that the defendant agreed to pay the plaintiff the amount of recovery notice to the defendant of the National Health Insurance Corporation, the person who actually acquired the benefits by claiming false health care benefit to the National Health Insurance Corporation is the defendant and the co-defendant C of the first instance trial (hereinafter referred to as the "C"), and since the plaintiff did not know about the above false health care benefit claim and did not gain any profit therefrom, the defendant who actually received unjust enrichment from the plaintiff about 80,272,130 won of the amount of recovery amount paid to the National Health Insurance Corporation is liable to pay the plaintiff as the amount of reimbursement.

B. Determination is based on Article 57(1) of the former National Health Insurance Act (amended by Act No. 11787, May 22, 2013) and Article 57(1) of the same Act provides that the National Health Insurance Corporation may collect all or part of the amount equivalent to the insurance benefits or the cost of insurance benefits from a person who has received insurance benefits or a medical care institution that has received insurance benefits costs by deceit or

Article 57 (2) of the National Health Insurance Act amended later is amended.

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