1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

The court's decision on the defense before the merits is based on the same reasoning as that of the judgment of the court of first instance. Thus, the court's decision on the defense before the merits is based on the main text of Article 420 of

According to the facts of the judgment on the merits, the defendant, who is not a medical practitioner, established a dental clinic in the name of D and caused D to conduct medical treatment is a tort in violation of Article 33(2) of the Medical Service Act, and the defendant claims medical care benefit costs for illegal D medical treatment, thereby causing damage to the plaintiff, and thus, the plaintiff is liable to compensate the plaintiff for the damage suffered by the plaintiff jointly with D, who is a joint tortfeasor, pursuant to Articles 750 and 760 of the Civil Act, unless there are special circumstances. The defendant and D are in a non-joint and several relationship between the defendant and D.

Although the Plaintiff collected the amount of the medical care benefit cost of this case from D in installments, the Defendant asserts to the effect that the claim of this case is unreasonable without cancelling the decision to recover the medical care benefit cost of this case against the Defendant. However, the Plaintiff, who has the right to claim damages from the Defendant and D due to the aforementioned tort, can claim the money equivalent to the total amount of the medical care benefit cost of this case against

Therefore, even though one of them continues to pay in installments and it is expected that it will continue to pay in the future, the plaintiff's right to claim against others cannot be extinguished in whole. Thus, the defendant's above assertion cannot be accepted.

Furthermore, with regard to the amount of damages, the health care benefit costs of this case are KRW 157,913,880 as seen earlier. D repaid KRW 126,00,000 out of the above health care benefit costs as of the date of closing of argument in the court, and the unpaid amount is 31,913,000,000 as it was appropriated for the principal of the above health care benefit costs.