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The judgment of the first instance shall be revoked.
The Defendant’s disposition of refunding medical care benefit costs to the Plaintiff on April 1, 2014 is revoked.
Reasons
1. The reasoning for this part of the reasoning of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance (from 4 to 3 pages 2 of the judgment of the court of first instance). Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4
2. The Plaintiff’s Intervenor asserts that “The Plaintiff’s Intervenor, who is the actual establishment of the instant hospital according to the outcome of the instant lawsuit, may bear a reimbursement obligation against the amount recovered from the Plaintiff, and thus, the Plaintiff’s Intervenor shall participate in the instant lawsuit in order to win the Plaintiff’s favor.”
Accordingly, the defendant does not constitute a person whose rights or interests are infringed upon according to the outcome of the lawsuit in this case, because the above interests of the plaintiff's supplementary intervenor are not legal interests but de facto economic interests.
It argues that “....”
According to the overall purport of the statements and arguments in evidence Nos. 6, 5, 17, 18, 29, and 30, the whole amount of the funds needed to open the hospital of this case was invested by the Intervenor, and the Plaintiff did not make any separate investment. The operational performance of the hospital of this case was reverted to the Intervenor, and the Plaintiff received incentives based on the monthly salary and performance fixed by the Intervenor, and the Plaintiff determined a certain amount of the cost expenditure of the hospital of this case (the amount below KRW 1.5 million per year, and below KRW 1.5 million per month) but reported it to the Intervenor after the fact that the Intervenor decided to do so with respect to the payment of expenses in excess of the above amount, the intention of the hospital of this case and the employment of employees of the said Intervenor of this case was determined by the Intervenor, and the payment was made by the Plaintiff Intervenor of this case.