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(영문) 인천지방법원 2015.08.26 2014가합4954

미지급자동차보험진료비

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1. The Defendants: (a) on May 3, 2014, with respect to each of the corresponding amounts and each of the above amounts stated in the Schedule of Claim No. 1 attached hereto to the Plaintiffs.

Reasons

1. Facts of recognition;

A. If the victims of traffic accidents caused by a vehicle that entered into a comprehensive automobile insurance contract with an insurance company in the course of operating the hospital request a CT and MRI test (hereinafter referred to as “CT and MRI test”), the Plaintiffs, including the Defendants, have notified it to the insurance company, etc., and confirmed their intent to guarantee the payment, and have received insurance money equivalent to the cost of video photographing from the insurance company, etc. in accordance with the standards for calculating medical fees set forth in the Guarantee

Accordingly, medical fees covered by automobile insurance had been based on the health insurance act publicly notified by the Minister of Health and Welfare under Article 42(1) of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 201; hereinafter the same) and Article 24 of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 24077, Aug. 31, 2012; hereinafter the same) and its relative value points.

B. On April 6, 2011, the Minister of Health, Welfare and Family Affairs publicly notified that “the point of relative value of CT is 15%, 30% of the relative value of MRI, and 16% of the relative value of PET” (hereinafter “instant reduction public notice”; the public notice prior to the said disposition was enforced on May 1, 201, and the above public notice was enforced from May 1, 201.

C. The Plaintiffs were paid insurance money corresponding to the video photographing expenses as shown in the corresponding column of attached Tables 2 and 3 between May 1, 2011 and October 21, 201, according to the time of the instant recognition. D.

On October 21, 2011, the Seoul Administrative Court issued an order to revoke the instant public notice of reduction on the following grounds: (a) the Seoul Administrative Court’s relative point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point