A. The Plaintiff is a special public-service corporation established under the National Health Insurance Act in order to manage and operate health insurance affairs, such as prevention of disease and injury, diagnosis, medical treatment, rehabilitation, childbirth death, and insurance benefits for improvement of health, etc., and the Defendant and B are doctors.

B. The “Dvalescent Hospital” located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant hospital”) was established in the name of B, a doctor, February 28, 2011.

C. On May 27, 2015, the Plaintiff notified the Defendant to the effect that the Plaintiff returned KRW 4,437,966,070 paid for the period from August 2, 2012 to March 18, 2015 on the ground that “the Defendant violated Articles 4(2) and 33(8) of the Medical Service Act by establishing and operating the instant hospital under the name of the Defendant lending the name of B.”

(hereinafter “Notification of this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. Article 4(2) of the Medical Service Act alleged by the Plaintiff cannot establish or operate a medical institution under the name of another medical person. Article 33(8) of the same Act prohibits medical personnel from establishing two or more medical institutions. However, the Defendant borrowed the name of medical personnel B in violation of this prohibition and established and operated the instant hospital.

Only a medical institution duly established under the Medical Service Act may receive medical care benefit costs from the Defendant. The Defendant received KRW 4,437,966,070 from the Plaintiff while establishing and operating the instant hospital that is not a medical institution lawfully established under the Medical Service Act. Therefore, the amount equivalent to the medical care benefit costs is deemed to constitute the amount that the Defendant acquired without any legal ground from the Plaintiff or acquired by tort.

Therefore, the defendant is obligated to return the amount equivalent to the above medical care benefit cost to the plaintiff pursuant to Article 741 or 750 of the Civil Code.

B. The Defendant’s assertion 1 B directly at the instant hospital.