1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a quasi-governmental institution established under Article 62 of the National Health Insurance Act, which is a system introduced to protect the life and health of an emergency patient, and is entrusted with the duties of paying the outstanding amount of emergency medical expenses.

B. On June 6, 2014, the Defendant received medical treatment from a medical corporation, as the injury or illness of a “symar-symmetric disorder” at a hospital for the Mymar Medical Foundation (hereinafter “instant hospital”), and did not pay KRW 258,540,00 after receiving medical treatment.

C. On December 26, 2014, the instant hospital filed a claim on behalf of the Plaintiff pursuant to the Emergency Medical Service Act (hereinafter “Emergency Medical Service Act”) on KRW 258,540 of the emergency medical expenses not paid by the Defendant, and the Plaintiff paid KRW 257,540 (a adjusted amount of KRW 1,000) to the instant hospital on February 6, 2015, using the State Fund.

[In the absence of any dispute, the purport of Gap's 2 through 5]

2. Determination

A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from July 30, 2017 to the day of full payment, which is the day following the service of the original copy of the instant payment order, to the day of the delivery of the original copy of the instant payment order.

B. The Defendant’s judgment on the Defendant’s defense of extinctive prescription is based on the determination that the three-year short-term extinctive prescription period was applied with the doctor’s medical expenses claim, and that claim occurred on June 6, 2014, and thus, the extinctive prescription had already been completed prior to the instant lawsuit

The plaintiff's right to indemnity against the patient is a claim for reimbursement against the person liable for reimbursement based on Article 22 (4) of the Emergency Medical Service Act. Article 22-3 (1) of the Emergency Medical Service Act provides that the plaintiff's right to indemnity against the substitute payment under Article 22 (4) of the Emergency Medical Service Act.