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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
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 medical treatment of and rehabilitation from diseases and injury, for childbirth and death, and for improvement of health pursuant to the National Health Insurance Act, and the Defendant is an insurer who has concluded an automobile insurance contract with A with the content that the Defendant would compensate for damages inflicted upon A in the event of death or injury of a person caused by the operation of a B-owned motor vehicle (hereinafter “instant motor vehicle”).
B. A around 15:00 on November 20, 201, around 15:00, while driving the instant vehicle in front of the Busan Metropolitan City Common Fishing Market located in Seo-gu, Seo-gu, Busan, and had shocked the shoulder part of C, who moved a bicycle with the rear part of the Busan Common Fishing Market.
(hereinafter referred to as “instant accident”). C.
C Due to the instant accident, the instant accident suffered injury, such as “damage to the freshed meat and power lines of the shoulder belts,” and was treated in D hospitals, Ewons, etc. from November 23, 201 to April 9, 2012.
Between November 23, 2011 and April 9, 2012, total medical expenses incurred due to the instant accident are KRW 5,998,330 (i.e., Plaintiff’s charges of KRW 4,463,910 (= KRW 1,534,420).
[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through Gap 7, Eul 1 and 2 (including branch numbers, if any) and the purport of whole pleadings
2. Occurrence of claims for indemnity;
A. According to the above recognition of the occurrence of the right to indemnity, the defendant is liable for damages sustained C due to the instant accident as the insurer of A who caused the instant accident.
However, as the Plaintiff provided insurance benefits to C by receiving treatment in a medical care institution, the Plaintiff subrogated to obtain the right to claim damages against C within the scope of the above insurance benefits pursuant to Article 58(1) of the National Health Insurance Act.
(b) The scope of the right to indemnity shall be insurance benefits under the National Health Insurance Act;