1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The “C convalescent Hospital” located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant hospital”) was established in the name of the Plaintiff, a doctor, on February 28, 2011.

B. On May 27, 2015, the Defendant issued a disposition to recover KRW 5,606,208,490 for medical care benefit costs paid to the Plaintiff during the period from August 2, 2012 to March 18, 2015 on the ground that “the Plaintiff had D establish and operate the instant hospital by lending the name of the Plaintiff, thereby violating Article 4(2) of the Medical Service Act.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 4, and Eul evidence No. 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was true that the Plaintiff received assistance from D in the operation of the instant hospital, but the Plaintiff exercised the final authority to decide on the hospital’s business by directly treating patients and directly employing doctors and employees. Accordingly, the Plaintiff did not actually operate the instant hospital and lending the name to D, and thus, the instant disposition should be revoked accordingly. 2) Even if the Plaintiff lent the name to D, D is also a medical person holding the license and did not establish another medical institution. Thus, it does not constitute a case where a person, other than a medical person, who is prohibited under Article 33(2) of the Medical Service Act, opens a medical institution, or a medical person prohibited under Article 33(8) of the Medical Service Act establishes two or more medical institutions.

Therefore, since the instant hospital cannot be deemed to be a medical institution established under the Medical Service Act, the instant disposition should be revoked as unlawful.

B. Facts of recognition 1) Trade name E Co., Ltd. (F., Apr. 15, 201) was changed to F.

"The Company of this case," in total, shall be deemed to be "the Company of this case" before and after the change.

The business shall engage in medical management consulting, consulting, etc.