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(영문) 서울중앙지방법원 2021.02.04 2020나34867

구상금

Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the National Health Insurance Act that manages and operates health insurance for the prevention, diagnosis and medical treatment of injury to the disease of the citizens, for rehabilitation of childbirth and for the improvement of health, etc., C is a national health insurance policyholder, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is an insurer that entered into a comprehensive automobile insurance contract with Defendant B with respect to D passenger cars (hereinafter “Defendant A”).

B. Around 10:00 on November 9, 2016, Defendant B driven the Defendant’s vehicle and proceeded into an intersection without signal signal, etc. located in 14-lane 42, Gangseo-gu Seoul Metropolitan Government Seocho-gu, with an advanced entry of the said intersection from the left side of the direction to the right side.

E-Motor vehicle traffic accidents (hereinafter “instant traffic accidents”) corresponding to the front part of the Defendant’s vehicle to the front part of the vehicle.

(c)

A person who was on the top of the passenger car

C was injured due to the instant traffic accident, such as “the external shock of a warning sign,” etc.

(d)

Until October 20, 2017, the Plaintiff paid KRW 6,108,250,000, excluding KRW 2,087,060, for the medical expenses of C.

[Grounds for Recognition: Defendant Company - Unstrifed Facts, entries in Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and deemed confessions -]

2. Determination

A. According to the fact of the recognition of the liability for damages, the instant traffic accident caused the negligence of Defendant 1, who fulfilled the duty of safety and the duty of safety driving and the duty of pre-road navigation, leading to neglecting the duty of safety and the duty of pre-road navigation, thereby leading to the said traffic accident.

I would like to say.

According to Article 58(1) of the National Health Insurance Act, the Plaintiff paid insurance benefits for the treatment of C, thereby acquiring the damage claim against the Defendants of C pursuant to Article 58(1) of the National Health Insurance Act. Therefore, the Defendants are jointly obligated to pay the indemnity amount corresponding to the Plaintiff’s insurance benefits.

(b) consideration of kings, except for the injury suffered C;