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(영문) 수원지방법원안양지원 2016.12.01 2016가단105464
부당이득금
Text

1. The Defendant’s KRW 190,166,90 as well as the Plaintiff’s annual rate from May 25, 2006 to December 1, 2016, and the following.

Reasons

In fact, although the defendant cannot establish a medical institution because he was not a medical person, the defendant could not establish a medical institution. Around April 3, 2002, in collusion with the defendant, the defendant leased the building in the Guro-gu Seoul Metropolitan City C-gu, equipped with medical appliances, employed assistant nurses, etc., and the defendant reported the establishment of medical institution to the head of Guro-gu Public Health Center, who was employed by the defendant, with the name "D Council member," type "Council member," and the founder "B," and the defendant, other than a medical person, established the medical institution, and had B perform medical acts against the patient until May 18,

As above, even if a medical care institution was not a medical care institution established lawfully under the Medical Service Act, the medical care benefit cost cannot be claimed to the Plaintiff. Thus, the medical care benefit cost was claimed from May 31, 2002 to July 9, 2003 by the Plaintiff and received from the Plaintiff KRW 87,436,130.

E and the Defendant cannot establish a medical institution because they were not medical personnel. Around May 19, 2003, in collusion with E, the Defendant leased the building located in Guro-gu Seoul Metropolitan Government and employed the assistant nurse, etc., and reported the establishment of the medical institution to the head of Guro-gu Public Health Center, who was employed by the Defendant, and reported the establishment of the medical institution to the name, “D Council members”, “Council members”, and “E” to the head of Guro-gu Public Health Center, and the Defendant, other than medical personnel, established the medical institution and had the patient perform the medical act against the patient until March 23,

As above, even if a medical care institution was not a medical care institution established lawfully under the Medical Service Act, the medical care benefit cost cannot be claimed against the Plaintiff. Thus, the medical care benefit cost was claimed from June 26, 2003 to April 22, 2004 by the Plaintiff, and the medical care benefit cost was paid from the Plaintiff.

A public-private partnership with F may not establish a medical institution because the defendant is not a medical person, and in collusion with F, the building in Guro-gu Seoul Metropolitan Government is located around March 24, 2004.

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