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

1. Basic facts

A. The Plaintiff is a doctor operating a hospital with the trade name of C, and the Defendant is a non-profit incorporated association established for the purpose of establishing and operating a medical institution.

B. On April 25, 2012, the Plaintiff operated C with the Defendant’s license in Incheon Northern-gu, Incheon, with the Defendant’s license. All assets and profits of C are owned by the Plaintiff, and the Defendant did not interfere with the hospital’s medical treatment and management, and the Defendant entered into a partnership agreement with the Plaintiff to receive a certain amount in return for the name lending (hereinafter “instant partnership agreement”).

C. The Defendant received medical expenses for the National Health Insurance Corporation C from the Defendant’s account in accordance with the instant trade agreement and paid them to the Plaintiff. The Defendant’s medical expense claims against the National Health Insurance Corporation were provisionally seized due to the medical expense payments by medical institutions affiliated with the Defendant, etc.

Accordingly, on February 1, 2013, the Plaintiff agreed to operate C with the license of the tree medical consumer cooperative, and the prime and the Defendant, the further token tree medical consumer cooperative, entered into a contract under which the said cooperative takes over the above hospital on the condition that it takes over all obligations of C incurred at the time from the Defendant to that time (hereinafter “instant transfer contract”). In this case, the Defendant agreed to pay the Plaintiff the medical expenses to be paid from the National Health Insurance Corporation.

E. Of the amount paid by the National Health Insurance Corporation to the Defendant as medical expenses for C, the amount that the Plaintiff did not receive from the Defendant is KRW 48,800,140.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-7, Gap evidence 14, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant's medical expenses of KRW 48,800,140 payable to the plaintiff, barring special circumstances, and this is related thereto.