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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The details and contents of the disposition are as follows: (a) the Plaintiff, a herb doctor’s license, is unable to establish a medical institution; (b) and (c) “B is in charge of the management of Hanwon’s facilities and Hanwon’s facilities”; and (d) around September 5, 2013, the Plaintiff established “D Hanwon” in the name of the Plaintiff (hereinafter “instant hospital”) on the first floor of the Seoul Gangnam-gu Seoul Metropolitan Building C building.
The Plaintiff claimed and received medical care benefit cost of KRW 107,971,50 from September 11, 2013 to August 29, 2014 (the Corporation’s charges of KRW 76,902,650) from the Defendant.
On January 5, 2015, the Defendant notified the Plaintiff that “The Plaintiff was indicted to establish the instant hospital in violation of Article 33(2) of the Medical Service Act” was to recover KRW 105,43,750 (the Corporation’s charges 76,902,650 - KRW 31,068,850 - Income tax 2,307,060 - Resident Tax 230,690)” that the Plaintiff received from September 11, 2013 to August 29, 2014 pursuant to Article 57 of the National Health Insurance Act.
(hereinafter “instant disposition”). The Plaintiff and B: (a) provided the facilities of Han-won and provided the general management of Han-won; and (b) provided the name of the establishment under the condition that the Plaintiff received part of the profits from the Plaintiff; (c) provided the name of the establishment under the condition that the Plaintiff received part of the profits from the Plaintiff; (d) provided the Defendant with the medical institution, and
1. No person other than medical persons may establish a medical institution;
The Plaintiff and B around September 5, 2013: (a) on the first floor of the Gangnam-gu Seoul Metropolitan City Cbuilding; (b) on the one hand, the Plaintiff was equipped with medical facilities by leasing commercial buildings and performing artificial construction; and (c) on the other hand, the Plaintiff reported the establishment of the instant hospital to the Gangnam-gu Public Health Center; and (d) from this time until August 29, 2014, B was in charge of overall management, such as hospital administrative affairs, employees employment, cash receipt and disbursements, patient attraction, and financial management, and the Plaintiff treated the patient.