1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 729,138 and KRW 539,798 of the above money.

1. Facts of recognition;

A. The Plaintiff is an insurer of the National Health Insurance that provides insurance benefits in accordance with the National Health Insurance Act, and the Defendant is a mutual aid insurer who takes over liability for damages to a third party due to an accident that occurred while driving B taxis.

B. On January 8, 2015, A driving the said taxi on the same day and driving the road near the Masan-si Masan-si, Changwon-si (hereinafter “instant accident”), and in conflict with other vehicles, C, a taxi passenger, suffered injury, such as brain-proof, salvine, salvine, tension, and dropty typ, etc.

C. C received medical treatment at a hospital, E hospital, etc. due to the instant accident, and the Plaintiff paid C insurance benefits for C, the total amount of KRW 3,645,690, excluding KRW 880,490, which was incurred due to the instant accident ( KRW 791,730, April 22, 2015; KRW 333,780, as March 30, 2015; KRW 1,639,690, as May 6, 2015, excluding KRW 880,490, which was incurred due to the instant accident).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 3 and 4, the purport of the whole pleadings

2. Determination

A. We examine the occurrence of the right to indemnity, and according to the above facts, the defendant is liable to compensate for damage to C as a mutual-aid business operator under the taxi mutual-aid agreement pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act. The plaintiff paid insurance benefits for C injured by the accident in the instant case, thereby subrogated acquisition of the above right to indemnity against the defendant within the scope of the amount of benefits under Article 58(

B. Where a ground for paying insurance benefits arises due to concurrent acts committed by a third party and increase of the person who received the insurance benefits, the scope of the right to indemnity by subrogation of the person who received the insurance benefits shall be within the scope of the right to claim compensation remaining after deducting the degree of contribution.