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(영문) 서울중앙지방법원 2018.09.12 2016나58583

손해배상(기)

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1. The part of the instant lawsuit, which was selectively added by the court, shall be dismissed.

2. Defendant in the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into each insurance contract (hereinafter “each insurance contract of this case”) with the insured in B (B) (B) (1979), C (1983) and D (1983) as shown in the separate sheet as the insured.

B. The defendant is a doctor who opens and operates a F Hospital in Gangnam-gu Seoul Metropolitan Government E.

C. The defendant was given medical treatment to the insured as follows and received medical expenses from the insured.

Medical expenses for the period of examination and treatment of injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury injury.

D. Rabical malutism and flusium surgery are medical treatments classified as non-benefit items under the National Health Insurance Act (so-called “legal non-benefit medical treatment”).

E. The Plaintiff paid the insured medical expenses, including each of the above medical expenses, as insurance money in accordance with each of the instant insurance contracts.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 12 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The medical treatment of non-health insurance items is recognized only in exceptional cases where it can be seen that the treatment method is much better than the existing treatment method subject to the health care benefit. The need for the medical treatment to be performed by the Plaintiff in light of the health condition of the insured is not recognized. 2) The Defendant is inappropriate for the insured.