1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized or added by the plaintiff in this court, and thus, it is acceptable as it is in accordance with the main sentence

2. Additional determination

A. The Plaintiff’s assertion C Hospital shall be deemed as a mental hospital under the former Mental Health Act (wholly amended by Act No. 14224, May 29, 2016; hereinafter “former Mental Health Act”) and thus, shall not be a medical institution jointly using special medical equipment.

Therefore, the defendant's B Hospital is not entitled to install and operate special medical equipment, and can not receive compensation for special medical equipment from patients.

B. Article 3 subparag. 3 of the former Mental Health Act provides that “A mental medical institution refers to a mental hospital established mainly for the purpose of treating mentally ill persons among the medical institutions under the Medical Service Act, a clinic, or a department of mental health established at a hospital or higher level medical institution.” Article 3(2)3 of the former Medical Service Act (amended by Act No. 14224, May 29, 2016; hereinafter “former Medical Service Act”) provides that “a hospital-level medical institution is a medical institution in which a doctor, a dentist, or a herb doctor provides medical services primarily to inpatients, and whose type is as follows:

hospital,

(b) A dental hospital, or

(c) oriental medical hospitals, and

(d) Convalescent hospitals (including mental hospitals among mental medical institutions under Article 3 (3) of the former Mental Health Act and medical rehabilitation facilities under Article 58 (1) 2 of the Welfare of Disabled Persons Act, which meet the requirements under Article 3-2);

E. General hospitals are defined as "general hospitals".

Meanwhile, according to the evidence No. 1, C Hospital is recognized as having obtained permission to establish a hospital among hospital-level medical institutions under the former Medical Service Act.

The above facts of recognition are above.