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(영문) 청주지방법원 2020.05.07 2019나16100

구상금

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of national health insurance that provides citizens with insurance benefits for the prevention, diagnosis, and rehabilitation of diseases and injury, for childbirth death, and for improvement of health under the National Health Insurance Act, and C is the insured of national health insurance conducted by the Plaintiff.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is an insurer who entered into a comprehensive automobile insurance contract with Defendant A.

B. At around 10:40 on March 30, 2018, C, while driving D Otoba (hereinafter “Plaintiff Otoba”) and driving the Matoba (hereinafter “Plaintiff”), there was an accident in which the part of the front right-hand side of the Fusna vehicle driven by Defendant A (hereinafter “Defendant vehicle”) driven by Defendant A, who driven the U.S. in the direction of E Hospital in the direction of the E Hospital, is parked on the opposite side on the yellow signal from the direction of the Matoba-dong court in Chungcheongnam-si, Chungcheongnam-si. (hereinafter “instant accident”).

C. C was inflicted with salt panion, etc. and injury on the right side of the instant accident (hereinafter “the instant injury”). From March 30, 2018 to April 24, 2018, C received medical treatment as health insurance from a medical care institution, such as G prisonology, etc., as a health insurance.

For C, the Plaintiff paid KRW 681,730,00,000,000,000,000 for total medical expenses of KRW 871,840,00 for the insurance benefits of C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff paid the insurance benefits for the instant accident as seen earlier. As such, the Plaintiff acquired the right to indemnity against the Defendants within the scope of the right to claim damages against the Defendants pursuant to Article 58(1) of the National Health Insurance Act. Accordingly, the Defendants asserted that the instant accident occurred due to the total negligence of C, which occurred in yellow Shin.