1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is a legal entity that provides insurance benefits, etc. in accordance with the National Health Insurance Act, and the Defendant is a mutual aid business entity that takes over liability for damages to a third party due to an accident that occurred while driving F taxi in E.

B. On January 21, 2015, E driven the above taxi on January 16:10, 2015, and stopped a one-lane road in front of the H Animal Hospital located in Busan Jin-gu G from the front side of the Sindo City to Samsung T&T apartment, while driving from the front side of the Sindo City to the discharge of passengers.

I, while driving the J-to-bea and driving the said taxi, he was faced with an accident where passengers aboard the said taxi were faced with the border in order to avoid a collision with the rear door of the said taxi while the passengers aboard the said taxi were standing behind the said taxi, following the said taxi.

(hereinafter referred to as “instant accident”) C.

I suffered an injury in the 10 week of the instant accident, such as slovas fever, which requires approximately 10 weeks of treatment, and received treatment at K Hospital. The Plaintiff paid 4,181,920 won, excluding 1,218,920 won of the principal’s charge, among the total medical expenses of KRW 5,400,840, for I.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 9, the purport of the whole pleadings

2. Determination

A. The plaintiff's damage compensation subrogation, and according to the facts found earlier, the defendant is liable to compensate I for damage under Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act as a mutual-aid business operator under the taxi mutual-aid agreement, and the plaintiff paid insurance benefits to I suffered an injury due to the instant accident, thereby subrogated acquisition of the defendant's damage compensation right within the scope of the amount of benefits under Article 58(1) of the National Health Insurance

B. The National Health Insurance Corporation of the relevant legal doctrine regarding the scope of subrogation of the Plaintiff’s damage liability arises from the act of a third party.