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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be 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 rehabilitation of diseases and injury, for childbirth death, and for improvement of health under the National Health Insurance Act.
Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who has concluded an automobile insurance contract with Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) with the content of compensating for the damage inflicted on Defendant A in the event of death or injury of another person due to the operation of the Defendant Samsung Ha-Wured Automobile (hereinafter “A-Wurd Passenger
C is the health insurance provided policyholder conducted by the Plaintiff.
B. On December 6, 2014, Defendant A driven an A-Wurt-Wur-Wur-Wurl-Wurl-Wurk-ro 135 on the front part of the D-Wur-Wur-Wur-Wur-Wur-Wurk-ro 135 (hereinafter “instant primary accident”) caused an accident where the front part of the D-Wur-Wur-Wur-C-Wur-Wur-Wurk-ro 135 (hereinafter “instant primary accident”).
C. The Defendant A attempted to report the instant primary accident, and C was under the influence of alcohol level of 0.131% at the time, so as to escape from the site due to the fact of drunk driving, which led to the occurrence of the secondary accident (hereinafter “the instant secondary accident”).
E. C received hospital treatment from May 3, 2016, from time when he was sent to the hospital on the same day after undergoing the diagnosis, such as the mouths, etc. (hereinafter “the instant injury”). The Plaintiff paid KRW 13,273,810 as insurance benefits for C, excluding KRW 1,087,170, out of total medical expenses of KRW 14,360,980, and KRW 13,273,810.