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(영문) 수원지방법원 2016.08.11 2015나44783

구상금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 5:

The Plaintiff is an insurer of the health insurance that provides insurance benefits in accordance with the National Health Insurance Act, and the Plaintiff is the health insurance policyholder, and the Defendant is the perpetrator who has inflicted each injury on B and C.

B. On April 5, 2013, the Defendant: (a) around 10:20, around 10:20, the Defendant: (b) caused the injury to B, such as a dump crym crym crym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym fym

(hereinafter “instant harmful act”). C.

B and C received each of the above injuries caused by the instant harmful act from the F Hospital. On July 10, 2013, the Plaintiff paid KRW 1,407,750 out of B’s medical treatment costs to F Hospital, and KRW 1,748,850 of C’s medical treatment costs as insurance benefits.

2. Determination

A. According to the facts acknowledged prior to the acquisition of the insurer's right of subrogation, the defendant is liable to compensate for each of the damages suffered by the harmful acts in this case by the harmful acts in relation to B and C, and the plaintiff, as the insurer, B and C, for the treatment of each of the injury suffered by the harmful acts in this case. Thus, it shall be deemed that B and C subrogated acquired the right of compensation for damages against the defendant within the limit of the expenses required for each of the above insurance benefits under Article 58 (1) of the National Health Insurance Act. Thus, the defendant is liable to pay the plaintiff an amount equivalent to each of the above insurance benefits unless there are other special

(b) The scope of the insurer’s right of subrogation against the tortfeasor after the insurer provided insurance benefits to the victim due to the tort.