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1. The Defendants are to each of the Plaintiff KRW 121,380,440 as well as to Defendant A, respectively, from September 20, 2008.
Reasons
Basic Facts
Around January 2008, Defendant C, not a doctor, established a medical institution under the name of Defendant C, a non-profit corporation, in collusion with Defendant B, and the Defendant C promised to pay the subscription fee, deposit, monthly management fee, etc. in return.
From January 2, 2008 to July 31, 2008, Defendant C conspired with Defendant B, with the name of the medical institution called “E” (hereinafter “instant member”) in the building on the D ground of Jung-gu Incheon, Jung-gu, Incheon, and had the doctor conduct medical treatment against the patients by employing medical doctors, nurses and other employees.
From January 2, 2008 to July 31, 2008, Defendant C conspired with Defendant B to provide medical treatment to patients under the name of the medical institution called “F Limited Medical Center” (hereinafter “the instant medical institution”) in the said building, and had a doctor provide medical treatment to patients by employing medical doctors, nurses and other employees.
Defendant B and C violated Article 87(1)2 and Article 33(2) of the former Medical Service Act (amended by Act No. 9906, Dec. 31, 2009; hereinafter the same) by acting in collusion with and operating a medical institution by Defendant C who is not a doctor. Defendant A, an incorporated association, was convicted of violation of Article 91(1) of the former Medical Service Act by in collusion with those who are not medical personnel, as seen above, by establishing and operating a medical institution. Thus, the judgment was rendered on January 16, 2009 by the Incheon District Court.
(208 High Court Decision 2009No407). The Defendants appealed, but the conviction was affirmed, and the Defendant Incorporated Association appealed (Supreme Court Decision 2009Do4061), but was dismissed (Supreme Court Decision 2009Do4061), which became final and conclusive.
Defendant B and C have performed medical treatment against many unspecified patients during the period from January 2, 2008 to July 31, 2008.