1. The part against Defendant A in the judgment of the first instance shall be revoked;

2. Defendant A jointly with Defendant B and jointly with the Plaintiff 19,443.

1. In the first instance court, the plaintiff sought damages from the defendants primarily and sought restitution of unjust enrichment from the plaintiff. The court of first instance dismissed the main claim against the defendants and the conjunctive claim against the defendant A, and rendered a judgment citing the conjunctive claim against the defendant B.

Accordingly, Defendant B appealed against this, and the Plaintiff appealed against only the conjunctive claim against Defendant A. As such, the subject of this Court’s trial is limited to the conjunctive claim against the Defendants.

2. Basic facts

A. Defendant B, a non-medical person who is unable to establish a medical institution, was employed on condition that Defendant A, a doctor, pay 4 million won per month to Defendant A, and obtained permission to establish the “C Council” under the name of the Defendant A (hereinafter “instant hospital”) around August 2005.

The hospital of this case before it was amended by Act No. 7796 of Dec. 29, 2005 by the former Industrial Accident Compensation Insurance Act.

(a) The same shall apply;

Article 40(2) of the Industrial Accident Compensation Insurance Act and Article 28(1) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 19513, Jun. 12, 2006)

(a) The same shall apply;

B) The Defendant A was designated as an industrial accident insurance-related medical institution pursuant to the Industrial Accident Compensation Insurance Act. A while working as the head of the instant hospital, the Plaintiff provided medical treatment to the patient subject to industrial accident insurance from August 8, 2005 to May 11, 2006. (c) The Defendants provided medical treatment to the Plaintiff and filed a claim for medical care benefit with the Plaintiff, and the Plaintiff deposited KRW 19,443,040 as medical care benefit under Article 40 of the former Industrial Accident Compensation Insurance Act from October 25, 2005 to June 30, 2006 at the request of the instant hospital, which is an industrial accident insurance-related medical institution. D. Notwithstanding the fact that the Defendant B was unable to establish a medical institution, it was sentenced to a fine of KRW 15,00,000 on December 22, 2006 (the District Court).