1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. The Plaintiff is an insurer of the National Health Insurance that provides citizens with insurance benefits for the prevention, diagnosis, and rehabilitation of diseases and injury, for childbirth and death, and for improvement of health pursuant to the National Health Insurance Act. C is a policyholder of the National Health Insurance; the Defendant concludes an insurance contract with B Co., Ltd. (hereinafter “B”); and B is a mutual aid company that takes over the liability for damages to be borne by a third party due to an accident caused by the operation of the bus to which it belongs; and D is a bus engineer working in B.

B. Around 14:10 on June 27, 2017, D driven the E-city bus (hereinafter “Defendant bus”) of B, and driven the road where the central bus stops located near the Busan Northern-gu F market at a speed of 40km a speed of 40km a speed from the mouth to the seat of the sub-section of the sub-sections of the F market at a speed of 40km a speed of the city at the speed of the city, D was shocked with the right-hand boarding portion of the Defendant bus.

(hereinafter “instant accident”).

C. C received medical treatment from G Hospital for about 22 days from June 27, 2017 by suffering injuries, such as the mouth dubling, etc., due to the instant accident beyond the road after shocking the instant accident. The Plaintiff paid for C insurance benefits of KRW 2,967,650 as medical care benefits costs, excluding KRW 1,162,810, out of the medical expenses incurred during the said period, for C, 4,130,460.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s accident occurred due to D’s negligence, and even if the accident occurred due to C’s negligence or due to the cause of such negligence, the Defendant shall pay the victim the liability insurance amount equivalent to the medical expenses, regardless of whether the victim was negligent or not, pursuant to Article 3 of the Enforcement Decree of the Automobile Accident Compensation Guarantee Act.