A. Under the National Health Insurance Act, the Plaintiff is a non-profit public interest corporation that manages and operates health insurance business for the prevention, diagnosis, medical treatment, and rehabilitation of diseases and injury, for childbirth and death, and for the improvement of health, and the Defendant was a person who lent the name of medical corporation B to a medical corporation

B. On December 14, 2010, the Defendant acquired a medical corporation B with the intention to establish a hospital by accepting the medical foundation and affiliated hospital with poor business operations, and operated D Council Members (hereinafter “instant Council Members”) by no later than September 26, 2013 (hereinafter “instant Medical Service Act”) around January 20, 201.

C. The Defendant, including the instant violation of the Medical Service Act, was prosecuted against the Defendant on February 16, 201 to March 31, 2018, on the following grounds: (a) the Defendant opened and operated “E convalescent Hospital” from September 27, 2013 to December 19, 2014; (b) the violation of the Medical Service Act; (c) the instant member and E/C convalescent hospital; and (d) the Plaintiff’s operation of the said member and E/C convalescent hospital; and (e) the Plaintiff’s act of fraud that the Defendant received medical benefits expenses from local governments; and (e) the Defendant was prosecuted against the Defendant on April 26, 2019 by the Busan District Court 2018Da4555. The said court found the Defendant guilty of both the Defendant’s violation of the Medical Service Act (Establishment of Non-Medical Personnel); and (e) the crime of fraud and the violation of the Act on the Aggravated Punishment, etc.

Therefore, the defendant appealed from Busan High Court Decision 2019No222, but the above court dismissed the defendant's appeal on September 10, 2019, and the above judgment of the first instance against the defendant was finalized around that time.

From March 2011 to May 17, 2012, the Plaintiff paid a total of KRW 101,674,540 to the Defendant for medical treatment of the instant member several times, on July 2018.