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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a corporation that carries out the industrial accident compensation insurance business entrusted by the Minister of Employment and Labor. 2) Even if the Defendant is not a doctor, the Defendant opened a Council Member C in the name of the doctor B from May 31, 2005 to May 28, 2006 (hereinafter “instant Council member”) and had B conduct medical treatment, and was indicted as a charge of violating the Medical Service Act, and was convicted of the judgment at the Incheon District Court on December 21, 2006, and the above judgment became final and conclusive.
3) From August 9, 2005 to June 12, 2006, the Plaintiff paid KRW 52,770,450 to the instant council members designated as industrial accident insurance-related medical institutions totaling KRW 52,70,450 as medical care benefit costs for the treatment of industrial accident patients during the above crime period, and received KRW 5,00,000 from B. 【No dispute over the grounds for recognition, Party A’s evidence 1, Party A’s evidence 2-1, and the purport of the entire pleadings, as a whole.
B. The instant member constitutes a medical institution established in violation of the Medical Service Act and does not constitute an industrial accident insurance-related medical institution that can claim medical care benefits based on the Industrial Accident Compensation Insurance Act, and medical care benefits paid to the instant member cannot be included in the medical care benefits subject to the Industrial Accident Compensation Insurance
Therefore, it constitutes an unlawful act under Article 750 of the Civil Act, where the Defendant, who is not a medical institution founder, employed a doctor B to conduct medical treatment by having the Plaintiff conduct medical treatment, and then claims for medical care benefit costs to the Plaintiff, constitutes an unlawful act under Article 750 of the Civil Act.
(see Supreme Court Decision 2012Da72384, May 14, 2015). Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 47,770,450 ( = 52,770,450 - 5,000,000) as compensation for damages caused by a tort, and the damages for delay.
2. Determination as to the statute of limitations defense.