구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows each description of the evidence No. 4 and No. 5 submitted in this court, the fact-finding and the judgment of the court of first instance are deemed legitimate.
Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for the dismissal of the judgment of the court of first instance as set forth in the following paragraph (2).
2. The third side of the judgment of the first instance court is as follows.
“A. Medical care benefits under the National Health Insurance Act are, in principle, in the form of spot benefit for medical care until a disease or injury is cured by a medical care institution. As such, when an insured under a medical care institution receives medical care, the insurance benefits are practically performed when the insured under the medical care institution, and the National Health Insurance Corporation shall obtain the right to indemnity against a third party within the scope of the insurance benefits. In addition, when the injured party who received insurance benefits under the National Health Insurance Act claims damages against a third party, when the injured party’s negligence occurs, the insurance benefits shall be deducted from the amount of damages calculated first, and the amount of the insurance benefits so deducted shall not be offset again, and if the insurer subrogates the injured party’s damage claim against the perpetrator after receiving the insurance benefits due to a tort, the scope of subrogation is the full amount of the insurance benefits provided within the scope of the damage claim (see, e.g., Supreme Court Decisions 2012Da39103, Sept. 13, 2012; 2015Da231504, Apr. 23, 19).
C. The Defendant, on July 16, 2017, paid the amount of KRW 2 million to the victim as agreed upon on July 16, 2017, and the Plaintiff may claim the amount of indemnity against the Defendant.