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(영문) 수원지방법원 2019.01.23 2018나65859

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 3, 2012, at around 13:15, the Defendant, while protesting against C with respect to the termination of the parking right of a vehicle that he/she operates in the premises cafeteria of the first floor underground of Geumcheon-gu Seoul building B, he/she suffered bodily injury, such as his/her head, fluor, fluor, and fluor, and fluor and fluor, which require treatment for about 21 days, and caused injury to his/her head, fluor and fluor and fluor, and was charged for the foregoing criminal facts, and was sentenced by the Seoul Southern District Court Decision 2012Ma2938, Feb. 19, 2013, which became final and conclusive at that time.

B. C From May 3, 2012 to the same year

6. From June 20, 2012 to July 31, 2012, the Plaintiff received treatment in D Hospital, Embryptians, etc., and incurred KRW 1,929,410 from C’s medical expenses. From June 20, 2012 to July 31, 2012, the Plaintiff paid KRW 1,192,310 as the Corporation’s charges, excluding the Defendant’s charges, excluding KRW 737,100 from C’s medical expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is obligated to compensate C for the damages suffered by the defendant's assault, and the plaintiff may exercise the damage claim against the defendant within the medical care benefit amount pursuant to Article 58 (1) of the National Health Insurance Act, and the plaintiff paid KRW 1,192,310 to the Corporation's charges for medical expenses, etc., as seen earlier. Thus, barring any special circumstance, the defendant paid to the plaintiff as the above Corporation's charges 1,192,310 won, and the above Corporation's charges paid to the plaintiff as requested by the plaintiff, as requested by the plaintiff, from August 1, 2012 to October 1, 2015, the delivery date of a copy of the complaint of this case, from August 1, 2012 to October 1, 2015, the delivery date of a copy of the complaint of this case, and the next day