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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. Defendant B, who is not a medical person, established and operated E (the name of F, an incorporated association, which was a non-profit corporation in 2008; hereinafter “instant incorporated association”) since 2008. However, using the fact that a non-profit corporation under the Medical Service Act can establish a medical institution, Defendant B lent the name of the instant incorporated association to another person so that it can establish and operate a medical institution under the name of the instant incorporated association.
B. On August 26, 2013, Defendant C: (a) opened a medical institution under the name of the instant incorporated association from Defendant B, which is located in Yongsan-gu G; (b) managed the employment of employees, facilities, and fund management, including herb doctors; and (c) paid to Defendant B KRW 4,50,000 per month in return for the name lending of the instant incorporated association.
C. On May 28, 2014, Defendant D lent the name of the instant incorporated association from Defendant B, and opened a medical institution under the name of “J oriental medical hospital” (hereinafter “instant hospital”) in the building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant hospital”) and operated the instant hospital in charge of employing employees, facilities, and fund management, including oriental medical doctors, and paid KRW 3 million per month to Defendant B in return for the name lending of the instant incorporated association.
The Plaintiff is an insurer of the automobile insurance contract, and is liable for compensating the victim for damages caused by the insured’s traffic accident. ① Defendant C had victims who suffered from the traffic accident undergo medical treatment at the instant first hospital, pursuant to the Guarantee of Automobile Accident Compensation Act.