A. The Plaintiff is a juristic person established to manage and operate the health insurance business pursuant to the National Health Insurance Act, and the Defendant A’s incorporated association (hereinafter “Defendant A”) is a non-profit juristic person established for the purpose of cooperation among missionary organizations.

B. At the time of Defendant Corporation’s establishment, C, the head of the management team, who was the director and the director of the Defendant Corporation, was in collusion with Defendant B, to receive subscription fees, deposit money, and monthly management expenses in the name of the Defendant Corporation, in return for the establishment of a medical institution to Defendant B, who was not a medical personnel. From November 1, 2007 to July 31, 2008, the medical institution was established under the name of E (hereinafter “instant member”).

C. Defendant B provided medical treatment to patients by employing medical doctors and nurses, etc. to the instant clinic, and then claimed medical care benefit costs against the Plaintiff, and received a total of KRW 262,808,030 from the Plaintiff until December 22, 2009.

C, D and Defendants were convicted of facts constituting a crime that “A non-profit corporation capable of establishing a medical institution may not allow a non-medical person to establish the medical institution, but C, D and Defendant B conspired with each other to establish a medical institution under the name of the Defendant corporation and to conduct medical treatment, etc., and thus, committed a violation of the Medical Service Act by establishing a medical institution.”

(In Incheon District Court Decision 2008Da5569, 2009No407, and Supreme Court Decision 2009Do4061). 【Defendant B’s ground for recognition】 Defendant B: The fact that there is no dispute (Article 208(3)2 of the Civil Procedure Act), entry of evidence Nos. 1 and 2 (including each number, if any), the purport of the entire pleadings.

2. Determination

A. Article 40(1)1 of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 201) limits a medical institution, one of the health care benefit institutions, to a medical institution established under the Medical Service Act. Thus, the former Medical Service Act on January 30, 2009.