A. On September 2007, the Defendant: (a) leased the building of the first and fourth floor underground in Gwangjin-gu, Seoul to KRW 300 million, KRW 13.2 million, KRW 50 million, KRW 50,000,000, at each place; (b) opened a hospital of the trade name, “Chand Medical Center” (hereinafter “instant hospital”); (c) employed three medical doctors, nurses 7 through 8, and treated patients from that time until the first half of January 2009.

B. While operating the instant hospital, the Defendant received KRW 377,916,620 from the Plaintiff from September 2007 to April 29, 2009 for medical care benefit costs.

C. The Defendant was indicted by the Seoul Eastern District Court 2009Kadan2396 on February 3, 2010 for a violation of the Medical Service Act on the ground that the Defendant, not a medical personnel, established the instant hospital, and was sentenced to a suspended sentence of two years on February 3, 2010. The Defendant filed an appeal (Seoul East East District Court 2010No246) and the final appeal (Supreme Court 2010Do104) but all of the appeals were dismissed and the judgment of the first instance became final and conclusive.

On August 11, 2011, the Plaintiff notified the Defendant of the decision to recover medical care benefit costs.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Article 40(1)1 of the former National Health Insurance Act (wholly amended by Act No. 11141, Dec. 31, 2011) limits medical institutions, one of the medical care institutions, to “medical institutions established under the Medical Service Act” and Article 87(1)2 and the proviso to Article 33(2) of the former Medical Service Act (wholly amended by Act No. 9386, Jan. 30, 2009) limits the qualification of the founder of a general hospital, hospital, convalescent hospital, or clinic (hereinafter “medical institution, etc.”) among medical institutions, to “doctor”.

According to this, if a person who is not a doctor opens a hospital, it is not a medical institution established under the Medical Service Act, and thus, it cannot claim the medical care benefit cost

If so,