The judgment below is reversed and the case is remanded to Busan District Court.

The grounds of appeal are examined.

1. Medical care benefits under the National Health Insurance Act are, in principle, 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 at a medical care institution, the insurance benefits are actually provided and thereby the National Health Insurance Corporation shall obtain the right to indemnity against a third party within the

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

(2) On April 29, 2010, Supreme Court Decision 2010Da7294 Decided April 29, 2010, Supreme Court Decision 2012Da39103 Decided September 13, 2012, Supreme Court Decision 2013Da208524 Decided October 24, 2013, Supreme Court Decision 2015Da23028 Decided December 10, 2015, etc.).