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(영문) 수원지방법원 2016.12.08 2015가합71910
부당이득금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 237,575,520 and Defendant A from August 17, 2006 to October 3, 2016.

Reasons

1. Indication of claim;

A. The Plaintiff is a non-profit public interest corporation established under the National Health Insurance Act, and Defendant A is a non-medical person who establishes a three pharmacy by employing Defendant B as a pharmacist, and Defendant B is an employee employed by Defendant A, a non-medical person, who unfairly claims for medical care benefits to the Plaintiff.

B. Defendant A’s tort 1) employed Defendant B who is a pharmacist or a pharmacist, and prepared an application for the establishment of a real estate contract and a pharmacy under the name of Defendant B, and registered the bank account under the name of Defendant B with the National Health Insurance Corporation as the pharmacy account, and agreed to pay a certain amount of money as the price for the above act and the payment for employment pharmacist as the payment for the above act. Accordingly, the Defendants, even though Defendant A established and operated a pharmacy, through the process of forming the appearance of Defendant B’s pharmacy as if Defendant B established and operated the pharmacy. (2) The Defendants recruited the establishment of a pharmacy under the above conspiracy from March 26, 199 to March 14, 2012 in Gyeonggi-si-si, the Plaintiff was in charge of the overall operation of the pharmacy by having the pharmacy facilities such as the preparation of a dispensary, etc. in the above pharmacy, and Defendant B opened and operated the above pharmacy by opening the real estate contract and the application for the establishment of the pharmacy with Defendant A’s above drug.

C. Defendant B, who paid the Plaintiff’s medical care benefit cost, was employed by a person who is not a pharmacy founder, provided medical treatment as above, and thereafter claimed the Plaintiff for medical care benefit cost for 15,02 cases, which was prepared from January 1, 2005 to December 31, 2005, as shown in the attached Table, and the Plaintiff paid a total of KRW 237,575,520, which was claimed by the Defendants from February 25, 2005 to August 16, 2006.

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