1. The Defendants jointly and severally against the Plaintiff KRW 178,689,670 and the Defendant A from June 17, 2009.

1. Basic facts

A. Defendant A and B were convicted of violating the Medical Service Act on April 30, 2010 due to the fact of violation of the Medical Service Act that, even though they were not doctors, they conspired to employ Defendant C who had a doctor’s license and operated the “E” under the name of Defendant C in the building of nuclear power, and on September 28, 2007, the medical institution was established in the building of nuclear power and operated until May 28, 2009 (No. 2010 large-scale202). Defendant A and B appealed appealed from the original state branch of the Chuncheon District Court (Ucheon District Court 2010 large-scale 202). The Defendants appealed against this, but appealed from the Chuncheon District Court (No. 2010No326), and the above judgment became final and conclusive around that time

(hereinafter referred to as "relevant criminal judgments"). (b)

From September 28, 2007 to May 28, 2009, the Defendants received a total of KRW 192,718,560 from the Plaintiff while operating the above medical institution. Of these, only KRW 14,028,890, the Defendants returned only the amount of KRW 178,689,670.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 and 2-2, the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff are liable for damages equivalent to the medical care benefits received from the Plaintiff due to the above tort, and thus, the unclaimed amount should be paid to the Plaintiff.

3. Determination

A. Articles 30(2), 66(1)2, and 87(1)2 of the Medical Service Act limit the qualifications of a medical institution founder, etc. on the grounds of a claim. Meanwhile, where a medical person was employed by a person who is not authorized to establish a medical institution and provides medical services, a person ineligible for establishing a medical institution is strictly prohibited from opening a medical institution, such as setting the grounds for suspending his/her license, and by providing criminal punishment for violations, thereby contributing to protecting and promoting national health based on the appropriateness of medical care.

In addition, Article 42 (1) 1 of the National Health Insurance Act is established under the Medical Service Act.