1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The purport of the judgment of the court of first instance is stated.

1. Basic facts

A. On January 31, 2008, a doctor B, along with a doctor C, established a hospital in the name of “E Hospital” (hereinafter “the instant hospital”) using the specialized department D in Ansan-si, Ansan-si as the internal and outer-type visual image department, and obtained permission from the mayor of Ansan-si to establish a medical institution for the instant hospital.

From August 11, 2010, the defendant, who is a doctor, served as a salary doctor at the instant hospital from around August 11, 201.

B. B around June 14, 2010, around February 5, 2011, G was respectively opened in the name of doctor F; B in the name of doctor H; B in the name of doctor H; K in the name of doctor J; and M in the name of doctor L on March 21, 2012.

C. Meanwhile, on October 17, 201, the founder of the instant hospital changed from C and B’s joint names to B’s separate names. Since then, with the permission of the Ansan market on August 21, 2012, the name of the Defendant and B was changed to that of the Defendant, respectively, on August 24, 2012.

B was prosecuted for a violation of Article 33(8) of the Medical Service Act by employing the Defendant at the monthly salary of KRW 30 million from August 24, 2012 to November 20, 2013, and establishing and operating the instant hospital in the name of the Defendant, etc. Although a medical institution was established in one’s own name, and appealed on April 15, 2014 (Seoul District Court Branch Decision 2013Dadan1402, 1435 (merged)). However, the appeal was dismissed on September 18, 2014 (Seoul District Court Decision 2014No1391). However, the appeal was dismissed on November 28, 2014.

[Ground of recognition] Facts without dispute, Eul's evidence 1-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is an insurer that has paid medical expenses to the Defendant according to motor vehicle insurance medical fees under Article 12 of the Guarantee of Automobile Accident Compensation Act.

However, Article 33 of the Medical Service Act (hereinafter “Revised Medical Service Act”) was amended on February 1, 2012 and enforced on August 2, 2012.