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(영문) 광주지방법원 2018.09.07 2017가단527426

구상금

Text

1. The Defendant’s KRW 68,223,750 among the Plaintiff and KRW 49,784,940 among them, shall be KRW 9,203,480 from August 30, 2017 to KRW 9,203,480.

Reasons

1. Facts of recognition;

A. Under the National Health Insurance Act, the Plaintiff was a non-profit public interest corporation established to manage and operate the health insurance business for the prevention, diagnosis, and medical treatment of, and rehabilitation from, diseases and injury, as well as for childbirth and death, and for the promotion of health. The Defendant, in Gwangju Seo-gu, operated the accommodation business with the trade name of “Dmotour” (hereinafter “the instant telecom”). E was a subscriber to the Plaintiff’s national health insurance policy, who had been accommodated for a long time in the 2nd floor F room of the instant Mocom.

B. On March 2, 2015, around 04:53, a fire was caused by an act of fire (hereinafter “the fire of this case”) at the instant her mother, and E suffered injury from the injury of the her 2nd floor Franca in order to evacuate.

(hereinafter referred to as the “instant accident”). E suffered injury, such as the instant accident, e.g., blood from e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

C. The Plaintiff paid KRW 67,462,990 in total to each medical care institution indicated in the “medical care institution” column for the calculation sheet of the attached damage calculated by calculating the damage inflicted upon the instant fire by E (hereinafter “Plaintiff’s charges”) from March 2, 2015 to February 1, 2018, as indicated in the “Plaintiff’s charges” column of the attached damage calculation sheet.

(The total amount of medical expenses is KRW 91,367,220). In addition, pursuant to the National Health Insurance Act, Article 44 of the Enforcement Decree of the same Act and Article 19(2) and (4) of the Enforcement Decree of the same Act, the Plaintiff paid the Plaintiff a total of KRW 9,203,480 (hereinafter referred to as “the refund amount after death”) to E, as indicated in the “limit of the principal’s burden” on the calculation table of damages, pursuant to the refund provision of the principal’s charges (so-called post-limit) borne by the medical care institution in excess of the annual amount to be borne by the Plaintiff.

E is a small-scale district court 2017Kahap53366, hereinafter, seeking damages against the defendant due to the instant accident at the Gwangju District Court.