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1. The Defendants jointly share KRW 3,318,981,970 with respect to the Plaintiff and the period from February 9, 2011 to June 8, 2018.
Reasons
1. Basic facts
A. Defendant A, who established and operated the C convalescent Hospital of the Defendants, is not a medical person, and cannot be a medical institution. However, he/she had the intent to open a convalescent hospital in the building in which himself/herself and E own share of 50% from January 3, 2008 to December 20, 2010, and established and operated the C convalescent Hospital (hereinafter “C convalescent Hospital”) in the name of F, a doctor.
In addition, Defendant B contributed to operating and increasing revenues of the hospital by participating in the financial management, financing execution, etc. of the hospital as the head of the general affairs office from January 3, 2008 to December 20, 2010.
B. The Defendants, who received medical care benefits from the Plaintiff, employed their doctors from January 3, 2008 to December 20, 2010, had them conduct medical treatment against many unspecified patients. In relation to such medical treatment, the Defendants filed a claim against the Plaintiff for totaling KRW 3,758,156,30 of the medical care benefit cost under the National Health Insurance Act, and the Plaintiff paid the Defendants totaling KRW 3,318,981,970.
C. At around 2015, the Defendants conspired to establish and operate the instant hospital without the qualification of medical personnel, and were indicted to the Incheon District Court for violation of the Medical Service Act, including the fact that the instant hospital was established and operated. 2) The Defendants were sentenced to imprisonment with prison labor for each of the above criminal facts, including violation of the Medical Service Act in the Incheon District Court (2015Gohap170, 349, 2016) on March 23, 2016; and the Seoul High Court (2016No989, Jul. 19, 2016) on July 19, 2016, sentenced Defendant A to three years of imprisonment with prison labor; Defendant B was sentenced to suspended execution for two years and six years of imprisonment with prison labor; and the above judgment became final and conclusive on July 27, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and