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(영문) 부산지방법원 2015.10.16 2014가단253718

구상금

Text

1. As to KRW 22,279,425 and KRW 10,663,580 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 11,615,845.

Reasons

1. Facts of recognition;

A. At around 19:55 on December 17, 201, A, driving a D cab on the street in front of the Cmatet located in the Geum-gu Busan Metropolitan City (hereinafter “accidented vehicle”) and making the left-hand turn from the euthanasia to the 2nd seat of the euthanasia-dong Office, due to the negligence that did not properly see the front side from the front side of the accident vehicle and caused E without permission flown away from the front side of the accident vehicle to be the front side of the said vehicle, and caused E to suffer from an injury, such as a dule, etc.

(hereinafter “instant accident”). (b)

E received medical treatment from March 8, 2014 to the injured part of the instant accident, from a medical corporation, to the Yeongdeungpo Medical Foundation, to be sunken hospital, etc., as health insurance, and generated KRW 56,753,119 of the total medical expenses. Of them, the amount borne by the Plaintiff Corporation is KRW 44,58,850.

C. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for accident vehicles.

From June 26, 2015, E, etc. filed a claim for damages against the Defendant (this Court Decision 2013Gada89613), the Defendant’s liability for damages was recognized on June 26, 2015, but a judgment was rendered to limit the scope of liability to 50%, which became final and conclusive as it

[Ground of recognition] Facts without dispute, Gap 1 through 8, Eul 1's each entry, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 22,279,425 won (=4,558,850 won x 50%) as a mutual aid business operator for vehicles involved in accidents pursuant to Article 58(1) of the National Health Insurance Act, as well as damages for delay (the rate of 5% per annum as stipulated in the Civil Act until this decision is rendered, where it is deemed reasonable for the defendant to resist the existence and scope of the obligation to perform).

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are without merit.