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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, 9, 13, and 14 (including serial numbers; hereinafter the same shall apply) and Eul evidence 4 and the whole purport of pleadings:
1) The Plaintiff is a pharmacist who cannot establish a medical institution under the Medical Service Act. 2) An incorporated association C (hereinafter referred to as “C”) is a nonprofit corporation established for the purpose of cooperation among missionary activity organizations. The Defendant is a director with the power of representation in C from April 1, 2005 to the present day.
B. Article 33(2) of the Medical Service Act prohibits a person who is not a non-profit corporation, such as a medical person or a medical corporation from establishing a medical institution and imposes imprisonment for not more than five years, or a fine not exceeding 20 million won, if such person violates Article 87(1)2 of the same Act. The legislative purport of the foregoing prohibition provision is to establish a sound medical order by strictly limiting the qualification for establishing a medical institution to a medical person with medical expertise or a person with a public nature, and to prevent in advance risks to national health that may arise when a medical institution is established for profit-making purposes (see, e.g., Supreme Court Decisions 87Do1926, Oct. 26, 1987; 2012Da67368, Nov. 28, 2013). Around August 30, 2006, “D” was established under the name of D, and changed to “E” around September 9, 2007.
(hereinafter “instant hospital.” At the time of its establishment, the Plaintiff paid C deposit, admission fee, and expenses for the establishment of the instant hospital. The Plaintiff agreed to receive the benefits arising from the operation of the instant hospital.
Since then, the plaintiff has borne operating expenses, etc. of the hospital of this case, and has paid KRW 2.6 million every month to C under the pretext of donation, missionary expenses, monthly management expenses, etc.
3. The plaintiff and the defendant shall agree with the plaintiff.