1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserted that the Defendant: (a) concluded an insurance contract for indemnity medical expenses with the Plaintiff; (b) received high-frequency cancer treatment from the insured; and (c) paid the insured totaling KRW 75,800,000 from the Plaintiff as shown in the separate sheet.

Since the insured received insurance money from the Plaintiff after receiving a high-frequency cancer treatment, which falls under the category of voluntary non-payment or illegal non-payment items, the insured has a claim for return of unjust enrichment equivalent to the total amount of 75,800,000,000 of the insurance money paid unfairly to the insured.

On the other hand, since the defendant did not directly provide the above high-frequency cancer treatment and D nurse provided the above treatment to the insured, it is non-licensed medical practice. Even if the defendant agreed to receive the above expenses for high-frequency cancer treatment through prior agreement with the insured through prior agreement with the insured, the agreement itself is not in violation of the mandatory law, and thus, the insured holds a claim for return of unjust enrichment equivalent to the above medical expenses against the defendant.

Therefore, in order to preserve the Plaintiff’s above claim for return of unjust enrichment against the Defendant, the Defendant is obligated to pay the Plaintiff the amount of KRW 75,800,000 and delay damages for the aforementioned claim.

2. Where the judgment obligee’s right to the obligor to be preserved by subrogation is a monetary claim in the event that the obligee’s right to the obligor is a monetary claim, in principle, the obligee may exercise the obligor’s right to the third obligor on behalf of the obligor only when the obligor is insolvent.

Supreme Court Decision 2008Da76556 Decided February 26, 2009