1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer of national health insurance that provides citizens with insurance benefits for the prevention, diagnosis, medical treatment, and rehabilitation of diseases and injury, childbirth, death, and improvement of health under the National Health Insurance Act.

The Defendant is an insurance company which entered into a comprehensive water-related leisure insurance contract with B on April 30, 2013, which requires C to pay insurance money when an insured incident occurs due to water leisure crafts.

E is a subscriber to the health insurance conducted by the Plaintiff, who suffered an injury due to the following accidents:

B. At around 17:00 on August 3, 2013, E suffered injury (hereinafter “instant accident”) such as the frame, closure, etc. of the parts of the tropia and other large sum of the tropia (hereinafter “instant accident”).

C. E received medical treatment at G Hospital, which is a medical care institution, from August 3, 2013 to October 31, 2014 due to the instant accident. During the instant period, the Plaintiff’s charges for the Plaintiff, which occurred due to the instant accident, are KRW 10,596,160, and the victim’s charges are KRW 4,244,020.

C On March 19, 2015, as compensation for damages arising from the instant accident, with E, the Defendant agreed to pay KRW 89,000,000 as compensation for damages. After the agreement, the Defendant paid KRW 88,900,000, which remains after deducting KRW 100,000 from the amount to be agreed upon under the agreement, from the amount to March 26, 2015 (i.e., KRW 89,000,000), and paid KRW 10,596,160 out of the amount to be paid to the Plaintiff.

E. Meanwhile, on the other hand, the Plaintiff decided to refund KRW 1,149,680 to E on the ground that the principal charges borne by E during the period from April 8, 2013 to October 31, 2014 exceeds the upper limit on the individual burden under Article 44 of the National Health Insurance Act and Article 19 of the Enforcement Decree of the same Act, and paid KRW 1,149,680 to E on September 15, 2015, and among which the instant accident occurred.