1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a quasi-governmental institution established under Article 55 of the National Health Insurance Act, which is a system introduced to protect the life and health of an emergency patient, and is entrusted with the duties of paying the outstanding amount of emergency medical expenses.

B. On May 27, 2005, the emergency patient B was hospitalized as an injury or disease of “the cerebral cerebral cerebral dye, not otherwise classified.”

C. On May 22, 2007, Incheon Indones University claimed payment of KRW 2,114,390 to the Plaintiff under the Emergency Medical Service Act, which was not received by B, pursuant to the Emergency Medical Service Act. The Plaintiff paid KRW 2,110,870 (Adjustment Amount 3,520) to the above hospital on June 22, 2007.

The relevant provisions of the Emergency Medical Service Act and the Enforcement Decree shall be as follows:

(4) Where the head of a fund management agency has paid outstanding amount on behalf of an emergency patient pursuant to paragraph (2), he/she may claim reimbursement of such outstanding amount from the patient himself/herself and his/her spouse, lineal blood relatives of the first degree of the emergency patient and his/her spouse, or a person liable to pay medical expenses under other Acts and subordinate statutes.

(5) The head of a fund management agency may dispose of substitute payments, the repayment of which is impossible, or the extinctive prescription of which under Article 22-3 has expired, as losses.

(6) Necessary matters concerning the object, scope, procedure and method of paying the outstanding amount by subrogation, procedures and method of claiming reimbursement, scope of unrepaid substitute payments, procedures for disposition of deficits, etc. shall be prescribed by Presidential Decree.

(1) If a right to claim reimbursement of substitute payments under Article 22 (4) of the Emergency Medical Service Act is not exercised within three years from the date a claim for such substitute payment is possible, the extinctive prescription shall expire.

(2) Interruption of prescription and other extinctive prescription.