1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From July 2008, the Plaintiff is operating a D Hospital (former trade name: E hospital, F hospital, and hereinafter “instant hospital”) in Seo-gu, Gwangju, Seo-gu.

B. The Plaintiff, while operating a cafeteria directly within the instant hospital, provided the patient with a “general food” of 1 type 4, and claimed to the Health Insurance Corporation a dietitian’s additional charge (50 won when working as a full-time dietitian), a cook’s additional charge (500 won when working as a full-time cook), and an additional charge (1 type 620 won) as health care benefit.

C. On September 1, 2010, the Plaintiff entered into a management agreement with the Defendant on the charge of managing a cafeteria by August 31, 2012 and receiving KRW 2,000,000 per month from the Plaintiff’s remuneration (hereinafter “instant management agreement”).

From that time, the Defendant had been in charge of the management of the restaurant of the instant hospital.

After the conclusion of the instant management contract, some of the cafeterias and cooks of the Plaintiff were resigned.

Accordingly, in employing a new dietitian or cook at the cafeteria of the instant hospital, the Defendant reported an interview and concluded an employment contract with a dietitian, a cook and a cook who passed the interview with the Plaintiff on the working hours of 36 hours per week.

E. After the Plaintiff provided the patient with selective meals, the Plaintiff claimed and received selective additional charges (type 1 620 won) as medical care benefits by adding up the aforementioned additional charges, the additional charges, and the additional charges directly operated prior to the Health Insurance Corporation.

F. From July 17, 2012 to July 19, 2012, the Minister of Health and Welfare conducted an on-site investigation into the overall health insurance benefits of the above hospital, and on June 4, 2013, the Plaintiff filed a claim for health insurance benefits with the hospital.