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(영문) 서울북부지방법원 2019.06.14 2016가단148378

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 16:

A. C around 08:10 on June 9, 2015, around 08:0, when getting a bicycle and faced with D vehicle condition (hereinafter “instant traffic accident”), and on the same day, C was hospitalized at the F Hospital (hereinafter “Plaintiff Hospital”) which is a medical institution operated by the Plaintiff via an emergency room in the E Hospital on the same day.

B. At the time of the Plaintiff hospital’s entrance, the primary symptoms claimed by C were maluted from the left side mix, lavered, and pains. However, the Plaintiff hospital conducted MRI and CT inspections with respect to C, and conducted a diagnosis in the state where the 4-5 stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale of the stale, and immediately

C. Meanwhile, the Defendant, an insurance company that entered into an automobile comprehensive insurance contract with respect to the foregoing vehicle, expressed its intent to pay C medical expenses to the Plaintiff on the day of the instant traffic accident according to the motor vehicle insurance medical fees guidelines.

From June 9, 2015 to June 15, 2015, the Plaintiff filed a claim for KRW 2,534,810,00 for motor vehicle insurance medical fees with the Defendant. The Health Insurance Review and Assessment Service entrusted with the review, adjustment, etc. of motor vehicle insurance medical fees by the Defendant recognized only KRW 697,690, excluding medical expenses (including the CT inspection expenses and the MRI inspection expenses conducted after surgery) related to the cT test, and the Plaintiff filed an objection to the aforementioned review results, but additionally recognized KRW 3,190,00.

E. Accordingly, on September 11, 2015, the Plaintiff filed a petition for review to the Motor Vehicle Insurance Medical Fee Review Council for the recognition of KRW 1,833,920 as motor vehicle insurance medical fees.