1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion B was a patient of an industrial accident, who was hospitalized in the hospital located in the Guang-si from February 6, 2017, and the Plaintiff was hospitalized in the hospital located in the Guang-si. From April 11, 2017 to the introduction of the hospital B.

Since July 19, 2017, B transferred the D Hospital to Ansan Hospital of the Korea Labor Welfare Corporation, and accordingly, the Plaintiff is also attending B at the Ansan Hospital of the Korea Labor Welfare Corporation until now.

As of December 31, 2018, the Plaintiff received 66,940,00 won from the employer among the nursing expenses of 66,150,000 won for B, as well as 60,790,000 won. The Plaintiff was not paid 60,790,000 won to B, and the ship-to-ship B could not find a family in a state of vegetable being an plant with no recognition function, and there is no property in Korea.

The defendant is obligated to pay nursing expenses and temporary disability compensation benefits to B pursuant to the Industrial Accident Compensation Insurance Act, and the plaintiff is entitled to pay the amount stated in the purport of the claim among nursing expenses and temporary disability compensation benefits in subrogation of B as a nursing expense claim equivalent to the above amount or an unjust enrichment return creditor equivalent to the above amount.

2. Determination on this safety defense

A. The obligee's subrogation right under Article 404 of the Civil Code refers to the obligee's right to exercise the obligee's right to exercise the obligee's right to a third party where it is necessary for the obligee to preserve his/her claim against the obligor. Therefore, in order for the obligee to exercise the obligee's subrogation right, the obligee should first have the right to exercise the obligee's right to exercise the obligee's right, and in principle, it is necessary to have the existence of the obligee's right to exercise the obligee's right to exercise the obligee's subrogation right, and in addition, if the obligee's right to exercise the obligee's right to exercise the obligee's right to exercise the obligee's right to a third party, the obligee