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(영문) 대구지방법원 2016.11.24 2016나301538

구상금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a juristic person that manages and operates the national health insurance business established under the National Health Insurance Act, and the victim B is a national health insurance policyholder.

B. Defendant Han Lan Insurance Co., Ltd. (hereinafter “Defendant Insurance Company”) is an insurer who has concluded a comprehensive automobile insurance contract with Defendant A with respect to freight vehicles.

C. On June 29, 2012, at around 12:15, Defendant A, while driving the said cargo vehicle on a three-lane road in front of the D Center on the front side of the N Center, due to the negligence of neglecting the duty and the duty of safe driving, etc. of the said cargo vehicle while driving along the two-lanes of the E Center from the boundary of the E Center to the Fside, Defendant A conflicts with the rear part of the motor vehicle of B driver’s motor vehicle (Otoo) which was in front of the said cargo vehicle on the front side of the road to the Fside from the right side of G market.

As a result, B suffered from injury, such as half-months (half-months) heat on the left-hand side.

(hereinafter “instant accident”). D.

B Meanwhile, due to the instant accident, from June 29, 2012 to August 11, 2012, which is the date of the accident, B received each medical treatment from Hneouta, and from Aug. 13, 2012 to Dec. 20, 2012, at a port line hospital located in the port line.

Accordingly, the defendant insurance company guaranteed the payment of the medical expenses only for the treatment performed in the above HG surgery, and paid only the relevant medical expenses.

E. From October 12, 2012 to January 24, 2013, the Plaintiff paid KRW 2,215,590 in total, excluding KRW 802,550 of the principal’s charges, out of KRW 3,018,140 of the total medical expenses in B in the instant port area.

The detailed contents are summarized as follows in accordance with the plaintiff's purport of the claim.

On October 12, 2012, the fact that there is no dispute over KRW 3,018,140, KRW 802,50, KRW 215,590, KRW 5810, KRW 581,950, KRW 1,993,860 on October 23, 2012 to October 23, 2013, KRW 2220,60, KRW 221,730 on the aggregate of KRW 3,018, KRW 802,50, KRW 802,50, KRW 215,590 on the date of payment (based on recognition).