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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer of national health insurance that provides citizens with insurance benefits for the prevention, diagnosis, and medical treatment of and rehabilitation from diseases and injury, childbirth, death, and improvement of health under the National Health Insurance Act.
Defendant A caused the following accidents, thereby causing injury to C, and Defendant B is a person with parental authority over Defendant A, and Defendant C is a person with parental authority over the Plaintiff’s health insurance policyholder, who suffered injury due to the following accidents:
B. At around 15:30 on August 12, 2014, Defendant A, without a license, driven a vehicle with 124cc X-do EXE (hereinafter “the instant vehicle”), without a license, to drive the vehicle at the lower seat of the 124cc X-gu EXE (hereinafter “the instant vehicle”), and driven a one-lane road prior to Busan YE at a speed of about 45 km in speed from the front side of the F to the front side of the departure from office. In this case, Defendant A was negligent in performing the duty of care to accurately operate the steering direction and brake system while operating the said vehicle on the front side while neglecting the duty of care to ensure safe operation, and due to the negligence of trying to overtake the left side of the U.S., Defendant A caused the instant accident to the front part of the instant accident, such as the injury, and the injury was caused by the said accident to the U.S. (hereinafter “the injury”).
(C) The instant accident occurred in the sum of KRW 4,492,470 for medical expenses received from H Hospital, etc., which is a medical care institution. However, the Plaintiff paid KRW 3,448,60, which is the Plaintiff’s charge, excluding KRW 1,043,870, which is the Plaintiff’s charge, out of the aforementioned medical expenses. The Plaintiff paid the medical care benefits of KRW 3,448,60, which is the Plaintiff’s charge to the relevant medical care institution. The 【Fact-founded
2. Acquisition and scope of the right to indemnity by the plaintiff;
A. According to the above recognition of the acquisition of the right of indemnity C, C does not have to do so.