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.

Basic Facts

Pursuant to Article 33 (2) of the Medical Service Act, any person, other than a doctor, medical corporation, the State, local government, or non-profit corporation, may not establish a medical institution.

On June 2010, the Plaintiff and C had a doctor who is not a doctor of C, and the Plaintiff, despite being aware of this, had the Plaintiff make an investment in the funds for the operation of the hospital to the Defendant who is a constructor, he would have his doctor take charge of operating the hospital and gain considerable profits. On June 24, 2010, the Plaintiff and C concluded a business agency contract with the content that “if the Defendant invests all funds necessary for the establishment of the hospital, he owns the hospital by investing all funds necessary for the establishment of the hospital, the Plaintiff and C received 60,000 won per month as the consideration for the operation of the hospital, and the Plaintiff and C received 60,000 won per month, and the sales of the hospital exceed 30,000 won per month, the Plaintiff would receive 10% of the excessive amount (hereinafter “instant business agency contract”).

Accordingly, the Plaintiff, C, and the Defendant, from August 18, 2010 to October 31, 2010, filed a report on the establishment of a medical institution under the name of “E Council member” under the name of “E Council member” (hereinafter “instant Council member”), which is an employment doctor, and the Defendant invested KRW 120,000,00,00 with the investment of KRW 120,00,00, with the hospital equipment, facilities, etc. equipped with the hospital equipment, and C is in charge of the operation of the general hospital. The Plaintiff established and operated the said Council member by taking charge of technical part of the operation of the hospital and the

(However, the plaintiff was involved only in the operation of the above Council members. The defendant's lawsuit against the plaintiff and the defendant, which became final and conclusive, are against the plaintiff and the defendant who did not know about the prohibition of the establishment of a medical institution by non-medical personnel, as the plaintiff and C did not know about the prohibition of the establishment of the medical institution by non-medical personnel, and the plaintiff and C, a doctor, together with the plaintiff, could gain a considerable profit if they established and operated the hospital from June 25, 2010 to September 20, 2010, by deceiving the defendant as if they could gain a considerable profit.