1. The Defendant’s KRW 54,941,980 as well as the Plaintiff’s KRW 20% per annum from November 15, 2014 to September 30, 2015.

1. In fact, the Defendant established and operated a hospital located in Songpa-gu Seoul Metropolitan Government C (B) without being entitled to establish a medical institution because it was not a medical personnel. From February 7, 2013, the Defendant had a doctor D receive benefits from the said hospital and provided medical treatment to the patient.

The defendant was convicted of 1 year and 6 months of imprisonment and 3 years of suspended execution on the ground that he committed a violation of the Medical Service Act committed by non-medical persons establishing the above hospital, etc., and the above judgment became final and conclusive.

[Seoul Central District Court Decision 2013Da3527, 5734 (Consolidated) decided December 19, 2013, and 2014No189 (Separation) decided April 17, 2014] The Plaintiff paid KRW 54,941,980 to the medical expenses under Article 40 (Medical Care Benefits) of the Industrial Accident Compensation Insurance Act at the request of C Hospital which is an industrial accident insurance-related medical institution from February 7, 2013 to July 15, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3, and 5 evidence, purport of the whole pleadings

2. The Plaintiff’s assertion (selective assertion) was established by non-medical persons and received medical care benefits from the Plaintiff, claiming and paying them, even though it cannot be designated as an industrial accident insurance-related medical institution under the Industrial Accident Compensation Insurance Act. Such medical care benefits claim constitutes a tort, and the Defendant is liable to compensate the Plaintiff for the damages suffered by the Plaintiff as an illegal person

Since the Plaintiff did not have an obligation to pay medical expenses, etc. to the above hospital, which cannot be designated as an industrial accident insurance-related medical institution, the Defendant acquired the medical benefits received from the Plaintiff without any legal ground, and is obligated to return it in

3. The defendant's judgment on the main defense of this case may, if the plaintiff suffered a certain loss due to the payment of medical care benefit costs, file a lawsuit against C Hospital and recover the loss. However, the plaintiff's filing of the lawsuit against the defendant constitutes an "compretive lawsuit" and the right to file a lawsuit against the defendant.