1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 355,255,860 and the period from July 24, 2009 to October 21, 201.

1. Facts of recognition;

A. Defendant B obtained permission to establish a hospital in the name of Defendant A, a doctor, even though he/she is not a medical person, and established a hospital in the name of Defendant A, with a medical facility such as a medical clinic, and operated the hospital in general, and received medical care benefit costs under the National Health Insurance Act from the Plaintiff in the name of Defendant A. Defendant A was employed by Defendant B, who was unable to establish a medical institution as the president of the above C hospital, and performed medical treatment for unspecified multiple patients from April 1, 2008 to June 30, 2009.

B. The Defendants were indicted on November 19, 2009 by the Gwangju District Court 2009Kadan2869 on the foregoing violation of the Medical Service Act and were sentenced to a suspended sentence of two years for Defendant B to one year and six months, and the Defendant A to a fine of 10,000,000 won, respectively. The Defendants appealed as the court 2009No2904, but the said judgment became final and conclusive on August 21, 2010 upon being sentenced to the dismissal of the appeal.

C. The Plaintiff paid the above C Hospital KRW 355,255,860 as medical care benefit cost from April 1, 2008 to June 30, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 8, purport of whole pleadings

2. The parties' assertion

A. The Defendants asserted by the Plaintiff committed a violation of the Medical Service Act that Defendant B, not a medical practitioner, established a medical institution by lending the name of Defendant A. As such, the Defendants committed an unlawful act by the Defendants, thereby causing property damage by paying KRW 355,255,860, which is not obligated to pay, and thus, the Defendants are liable for tort against the Plaintiff. The Defendants are liable for tort against the Plaintiff, or the Defendants obtained profits equivalent to the above medical care benefit cost without any legal cause through the act of violation of the Medical Service Act, and thereby, caused damage equivalent to the medical care benefit cost to the Defendant.

In addition, the defendants were paid from the plaintiff.