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1. The Defendant’s KRW 1,174,440,390 as well as 5% per annum from May 21, 2013 to December 14, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant and B, who are non-medical persons unable to establish a medical institution, obtained permission to establish a medical institution under the name of "D Hospital" (hereinafter "D Hospital") on August 6, 2007 because they asked C, which is a doctor, to take charge of the president of the rehabilitation hospital, and received medical care benefit costs from the Plaintiff while operating the instant hospital by October 31, 2007.
B. The Defendant and B entered into a partnership agreement with the doctor E on November 1, 2007, and changed the founder of the instant hospital from C to E.
Since then, E served as the president of the instant hospital, and treated patients from November 1, 2007 to August 31, 2015.
C. On September 5, 2008, the Defendant was issued a summary order of KRW 10 million with fines of KRW 7 million (U.S. District Court Decision 2008Da36454), and the above summary order became final and conclusive as it is, on the grounds that the Defendant conspired with C and E, used the name of C and E to establish the instant hospital in sequence by making use of the name of C and E.
The Plaintiff paid a total of 10,298,188,050 medical care benefits with respect to the details of medical treatment from November 1, 2007 to November 19, 2015 upon the instant hospital’s claim for medical care benefits. Among them, the medical care benefits paid according to the details of medical treatment from November 1, 2007 to November 30, 2008 are KRW 1,174,440,390.
E. On November 19, 2015, the instant hospital revoked permission to establish a medical institution on the ground that it is “a non-medical person hospital (office-general hospital) that has not been established lawfully.”
F. The Korea Workers’ Compensation and Welfare Service filed a lawsuit against the Defendant against the Defendant seeking damages equivalent to the medical expenses for industrial accident insurance benefits paid to the instant hospital from December 27, 2007 to October 20, 2015 on the ground that the Defendant violated Article 33(2) of the Medical Service Act along with E, and against this, the Seoul Western District Court may be deemed to have participated in the operation of the instant hospital until November 30, 208, when the Defendant was the person of the Defendant.