A. The Plaintiff is a juristic person established for the purpose of providing health insurance services pursuant to the National Health Insurance Act, and Defendant B (hereinafter “Defendant juristic person”) is a non-profit juristic person established for the purpose of cooperation among missionary activity organizations.

B. Although Defendant A was not a medical personnel, in collusion with D, the secretary general of the management team, the head of the Defendant corporation, from October 15, 2007 to July 31, 2008, Defendant A established and operated a medical institution with the name of “F Council member” (hereinafter “instant hospital”) who lent the name of the Defendant corporation from around October 15, 2007 to around July 31, 2008, by having the medical institution employ medical doctors, nurses, etc. and allow them to conduct medical treatment against the patients by providing medical treatment to the patients, such as raising a total of KRW 441,402,150.

C. Defendant A was indicted for violating each of the Medical Service Act on the ground that Defendant A, an employee of the instant hospital, was directly established and operated in collusion with C and D as above, on the ground that Defendant A, an employee of the instant hospital, was in violation of the said Medical Service Act (In Incheon District Court Decision 2008Da5569), and on January 16, 2009, Defendant A was sentenced to a fine of KRW 10 million, and the Defendant corporation was sentenced to a fine of KRW 20 million, respectively.

The Defendants’ appeal (Incheon District Court 2009No407) and the final appeal (Supreme Court 2009Do4061) against the above judgment were dismissed, and the judgment of the first instance became final and conclusive.

The Plaintiff paid a total of KRW 459,798,220 to the instant hospital from October 15, 2007 to July 31, 2008.

[Ground for Recognition] Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act); Defendant Corporation: The absence of dispute; evidence Nos. 1 through 4; and the purport of the whole pleadings

2. Occurrence of liability for damages caused by a tort;

(a) Any person who is not entitled to establish a medical institution by employing a doctor, establishing a medical institution, and let the employed doctor conduct medical treatment, and then is not included in the medical care benefit amount to the National Health Insurance Corporation, which is the insurer;