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1. The Plaintiff, and the Defendant A’s 82,629,820 won, and the Defendant A’s 82,629,820 won in collaboration with the Defendant A.
Reasons
1. Facts of recognition;
A. A. A around October 2010, Defendant A, an oriental medical doctor, was the Defendant of the instant lawsuit, but the Plaintiff voluntarily withdrawn the lawsuit against C on January 11, 2017.
Upon introduction, Defendant A and D, each of which was engaged in credit business with Defendant B, invested KRW 100,000,000, and Defendant B leased KRW 2,3, and 4 of the building E in Eunpyeong-gu Seoul Metropolitan Government KRW 10,000,000 monthly rent of KRW 6,000,000.
B. Defendant A paid monthly salary of KRW 4.5 million and incentives to C, which is an oriental medical doctor, and agreed to equally distribute the remainder of the profits to Defendant A, D, and Defendant B. On October 26, 2010, Defendant A filed a report on the establishment of the Council under the name of “F” as of October 26, 2010, and began the above tasks from November 3, 2010.
C. Defendant A: (a) performed duties such as overall operation and management of the above members; (b) performed duties such as diagnosis and treatment of patients; and (c) Defendant B performed duties such as attracting patients through neighboring hospitals, insurance companies, taxi companies, etc.; and (d) employing employees.
Defendant A actually operated the above member of the Council from November 3, 2010 to January 2014. Defendant B served at the above member of the Council from November 3, 2010 to June 30, 2012.
E. On July 22, 2016, the Defendants were convicted of a violation of the Medical Service Act, etc. on the grounds that the Defendants conspired with others and established a one-time hospital during the said period. The judgment became final and conclusive around that time.
F. The Plaintiff paid the insurance proceeds of KRW 82,629,820 in total from November 3, 2010 to January 2014, when Defendant A operated the said F, and among which, during the period from November 3, 2010 to June 30, 2012, the Plaintiff paid the insurance proceeds of KRW 40,925,290 in total during the period from November 3, 2010 to June 30, 2012 during which Defendant B worked.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion is the Plaintiff.