1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. Since 2008, Defendant A, a non-medical person, who is not a medical person, was established in C, a non-profit legal entity (hereinafter “instant legal entity”), a non-profit legal entity under the Medical Service Act, using the fact that the non-medical entity can establish a medical institution (Article 33(2)4) that is not entitled to establish a medical institution (see, e.g., Article 33(2)4) to lend the name of the instant legal entity to establish and operate the medical institution in the name of the non-profit legal entity, so that it can establish and operate the medical institution under the name of the instant legal entity.

B. On June 2014, Defendant B, in collusion with Defendant A, established and operated a medical institution in the name of “F oriental medical hospital” in the building located in Eunpyeong-gu Seoul Metropolitan Government E, under the name of the said incorporated association from Defendant A. As if the F oriental medical school was duly established under the Medical Service Act, Defendant B was able to receive 358,368,540 won (6 private insurers’ insurance benefits paid to the National Health Insurance Corporation, KRW 139,420,240) in total, for patients who were treated at F oriental medical hospitals from the National Health Insurance Corporation or private insurers, by disguisedly pretending that the F oriental medical school was a medical institution legally established under the Medical Service Act.

C. The insurer of the automobile insurance contract shall be bound to indemnify for any loss caused by an accident which has occurred while the insured owns, uses, or manages an automobile (hereinafter referred to as “traffic accident”).

(Article 726-2 of the Commercial Act provides that the main purpose of the Guarantee of Automobile Accident Compensation Act is to protect the victims of traffic accident patients, etc. (hereinafter “victims”) (Article 1). For this purpose, when liability for damages arising from traffic accidents occurs to the insured, etc. of automobile insurance, the victim shall be the victim pursuant to Article 724(2) of the Commercial Act.