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1. The Defendants jointly share KRW 272,915,030 for the Plaintiff and the Defendant Incorporated Association A and C from January 23, 2008.
Reasons
1. Basic facts
A. The Defendant Incorporated Association A (hereinafter “Defendant Incorporated”) is a non-profit corporation established for the purpose of cooperation between missionary organizations, etc., and may establish a medical institution pursuant to Article 33(2)4 of the Medical Service Act (the foregoing shall also apply to the current law stated below and the statutes stated below).
A director D (which held office from April 1, 2005 to November 14, 2008) and Defendant B (which held office as a director from April 1, 2005 and was appointed as a director with the power of representation on November 14, 2008) (which held office from November 2008) who held the power of representation of Defendant C entered into an agreement with Defendant C, not a medical personnel, that “the Defendant corporation would establish a medical institution under the name of Defendant C and receive the subscription fee, deposit, monthly management fee, etc. from Defendant C in return for the establishment of the medical institution under the name of Defendant C.”
B. Accordingly, from November 11, 2006 to December 27, 2007, Defendant C provided a medical care room under the name of the medical institution called “F Council member” in Jung-gu Incheon Metropolitan City E, with medical care room, etc., and had the patient provide medical treatment against the patient. ② The medical institution called “GG Council member” in the same date and place (hereinafter collectively referred to as “F Council member”) with the name of the medical institution called “G Council member” (hereinafter referred to as the “instant hospital”), and had the medical doctor and nurse staff provide medical treatment to the patient.
C. Defendant B and C were indicted for violating the Medical Service Act on the ground that Defendant B, an employee of the instant hospital, was established and operated in collusion as above, and the judgment became final and conclusive upon conviction from the court of first instance or the appellate court, as seen in the following table, on the ground that Defendant B, an employee of the instant hospital, was either established and operated, respectively.
The above violation of the Medical Service Act.