The defendant shall pay 32,296,790 won to the plaintiff and 12% per annum from July 24, 2020 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff’s status (1) is the Plaintiff’s doctor, and on September 14, 2012, reported to the founder of the “C Hospital” located in Seogu-gu, Daegu-gu (hereinafter “C Hospital”).

(2) In fact, the instant hospital was established by the doctor D who operated the hospital in another place, and the Plaintiff was employed by the Plaintiff.

Therefore, the instant hospital was established in violation of Article 33(8) of the Medical Service Act that prohibits one medical person from establishing and operating more than one medical institution (hereinafter “duplicate medical institution”).

B. The Plaintiff was designated as an industrial accident insurance-related medical institution. From September 14, 2012 to June 4, 2014, the Plaintiff received KRW 31,864,00 in total from the Defendant (i.e., medical expenses KRW 30,861,110 in total).

C. The Defendant’s restitution disposition (1) on August 5, 2014, on the ground that the medical care benefit cost that the Plaintiff received was unjust enrichment, the hospital of this case was merely a double establishment medical institution in violation of Article 33(8) of the Medical Service Act, but it was difficult for the Plaintiff to establish a non-medical institution, thereby violating Article 33(2) of the Medical Service Act.

62,725,110 won (= medical expenses = KRW 30,861,110 x KRW 1,002,890) was imposed (hereinafter “instant restitution disposition”) to collect the latter medical expenses under Article 84(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

(2) The Defendant began to seize and collect the Plaintiff’s benefits (hereinafter “instant attachment disposition”) on March 10, 2016 following the instant restitution disposition. D.

On May 30, 2019, the Supreme Court of Korea rendered a ruling that medical care benefit costs can be paid from the National Health Insurance Corporation (2015du36485, hereinafter referred to as "relevant Supreme Court ruling") even a duplicate establishment medical institution.

E. After rendering a judgment of the relevant Supreme Court, the Defendant collected money collectible by the Defendant on May 30, 2019.