A. Under the National Health Insurance Act, the Plaintiff is a non-profit special corporation that manages and operates health insurance business, such as managing eligibility for national health insurance, determining and collecting unjust enrichment, and paying medical care benefit costs reasonably claimed by a medical care institution.

B. Although Defendant A was unable to establish a medical institution because it was not a medical person, the Defendant A conspired with Defendant B (former name C) having a medical license, and subsequently, from May 11, 2004 to December 22, 2004, in collusion with Defendant B (former name C), the Plaintiff claimed medical care benefit costs to the Plaintiff by lending the name of Defendant B from the 5th floor building located in the Seoul Northern-gu Seoul Northern District D to establish and operating a medical institution under the name of “E Foreign Medical Institute”, and received KRW 49,363,080 until February 6, 2005.

C. From January 18, 2005 to April 30, 2005, Defendant A conspired with F having a doctor’s license and claimed medical care benefit costs to the Plaintiff while setting up and operating a medical institution under the name of F. From January 18, 2005 to April 30, 2005, Defendant A received KRW 18,947,580 from June 28, 2005.

The Defendants were prosecuted for committing the above violation of the Medical Service Act, and was sentenced to a fine of five million won for Defendant A, a fine of one million won for Defendant B, and a fine of one million won for F, respectively, in the Seoul Central District Court Decision 2006Da14350 on May 8, 2006. The above summary order became final and conclusive around that time.

E. Defendant B shall be on May 25, 2015.

12,750 won out of the medical care benefit costs paid as described in the paragraph was returned to the Plaintiff.

[Ground for Recognition] Defendant A: A without dispute, entry of Gap evidence 1 through 4, and the purport of the whole pleadings: Defendant B: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. In a case where a person who is not eligible to establish a medical institution, employs a doctor, establishes a medical institution, and let the employed doctor conduct medical treatment, and then claims and pays medical care benefit costs not included in the medical care benefits to the Plaintiff, which is the insurer, the medical care benefits.