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(영문) 부산지방법원동부지원 2014.07.18 2013가단210789

구상금

Text

1. The Defendants: (a) each Plaintiff KRW 24,926,200; and (b) from May 22, 2013 to Defendant B Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff was established under the National Health Insurance Act and is a juristic person that manages and operates health insurance for the prevention of disease and injury, diagnosis and rehabilitation of the citizens, childbirth death, improvement of health, etc., and Nonparty D is a national health insurance policyholder.

B. On July 14, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B Co., Ltd”) concluded a comprehensive insurance contract with Defendant C with the content of compensating for any damage inflicted on another person during the possession, use, or management of the water leisure craft.

Insurance period: From July 14, 2012 to July 14, 2013: The limit on basic coverage for compensation of Defendant C (E) water leisure crafts: 100 million won.

C. Around 14:40 on July 28, 2012, Defendant C, a person engaged in the aquatic leisure boat business at the moorings of the F beach E business establishment located in Busan District, operated two passengers, such as Nonparty D, on the water bed, and operated the business area in the water bed around 14:50 on July 28, 2012, and at around 14:50, passengers such as D et al. arrive at the moorings and did not completely disembark from the water bed (hereinafter “instant accident”). The accident occurred, where D et al. fell into the sea and caused injury to “damage to the workplace where D et al. is open within the river” (hereinafter “instant accident”).

D due to the instant accident, from October 16, 2012 to May 21, 2013, G hospital, H hospital, and I pharmacy, etc., the Plaintiff received treatment as indicated in the separate sheet of calculation of damages, as stated in the separate sheet of calculation of damages. The Plaintiff paid each medical care institution KRW 24,926,200 out of the total medical expenses.

E. From August 17, 2012 to April 8, 2013, Defendant Insurance Company paid KRW 23,017,207 to D’s referring to KRW 23,017,207 on five occasions, and paid KRW 76,982,793 on December 30, 2013 to D, and paid KRW 100 million in total to D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.