1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion that the National Health Insurance Corporation did not pay 40,900 won for health care benefit for treatment in July 2017 to the Plaintiff in violation of the law. The Defendant is obligated to pay the Plaintiff the above 40,900 won for health care benefit and delayed payment calculated at the statutory rate.

2. According to the National Health Insurance Act and subordinate statutes, the insurer of the national health insurance shall be the National Health Insurance Corporation (Article 13), the Corporation shall take charge of the affairs, such as the payment of insurance benefits (Article 14 (1) 5), the National Health Insurance Corporation shall be a juristic person (Article 15 (1) excluding nursing and transfer), the Medical Care Benefits (Article 15 (1) 1), pharmacies registered under the Medical Service Act ( subparagraph 2), the Korea Orphan Drug Center established under the Pharmaceutical Affairs Act ( subparagraph 3), the Public Health Center, the Public Health Center, the Public Health Center, and its branch under the Local Public Health Act (Article 42 (1) 5), and the National Health Center established under the Act on Special Measures for Public Health and Medical Services, such as agricultural and fishing villages (Article 42 (1) 5), and the National Health Insurance Corporation may request the National Health Insurance Corporation

(Article 47(1)3. 3. Determination No. 1 alone constitutes a medical care institution for which the Plaintiff may claim medical care benefit expenses from the National Health Insurance Corporation under the National Health Insurance Act.

In addition, it is insufficient to recognize that the National Health Insurance Corporation did not pay the above KRW 40,90 to the Plaintiff in violation of the laws, and there is no other evidence to prove otherwise, and the Plaintiff’s assertion is without merit. Even if the National Health Insurance Corporation is liable to pay the health care benefit cost to the Plaintiff, the Defendant cannot be deemed liable to pay the above health care benefit cost to the Plaintiff

4. In conclusion, the plaintiff's claim should be dismissed as it is without merit, and the judgment of the court of first instance is delivered.