1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for a change in the following parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The legal principle of the Supreme Court's decision from 10th to 6th, below the fifth sentence of the first instance judgment shall be amended as follows:

In principle, medical care benefits under the National Health Insurance Act are in the form of spot benefit that provides medical care until a disease or injury is cured by a medical care institution. Therefore, when the insured undergoes medical care in a medical care institution, the National Health Insurance Corporation shall actually provide insurance benefits and thereby obtain the right to indemnity against a third party within the limit of the insurance

In addition, in cases where the National Health Insurance Corporation, after receiving an insurance benefit from a victim due to a tort, subrogates the victim's perpetrator or the insurer for the damage liability, it may subrogate the victim's damage liability for the whole amount of insurance benefits within the scope of the damage liability calculated by taking into account the victim's negligence, etc., and in this context, the amount paid by the perpetrator or the insurer after receiving the insurance benefit from the

(See Supreme Court Decision 2010Da7294 Decided April 29, 2010 and Supreme Court Decision 2015Da231504 Decided April 23, 2019, etc.)

2. In conclusion, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.