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

Purport of claim and appeal

The first instance court.

A. Around September 8, 2012, Defendant A suffered a traffic accident (hereinafter “instant traffic accident”).

B. From January 2, 2013 to March 9, 2013, Defendant A hospitalized in the Gansan Hospital operated by the Plaintiff (hereinafter “Plaintiff Hospital”) and received rehabilitation treatment (hereinafter “instant hospitalized treatment”); Defendant B was the spouse of Defendant A and jointly and severally guaranteed the Defendant’s obligation to pay the medical expenses to the Plaintiff Hospital.

C. On April 29, 2013, the Plaintiff Hospital claimed KRW 8,930,570 as medical expenses for Defendant A to the K non-life insurance (hereinafter “K non-life insurance”) that is the insurer of the instant vehicle that caused the instant traffic accident, and the K non-life insurance claimed KRW 8,930,570 as medical expenses for Defendant A. On May 29, 2013, the K non-life insurance paid in advance an amount equivalent to 80% thereof, and filed a request for an examination to the Medical Fees Dispute Resolution Council (hereinafter “Council”) under the Guarantee of Automobile Accident Compensation Act.

On December 17, 2015, the Council determined that “In case of the instant hospitalized treatment, referring to the type of accident, existing king, etc., spine surgery performed on September 20, 2012 under spine infection diagnosis was irrelevant to the accident, and that the instant hospitalized treatment performed on September 20, 2012 was related to the accident, and that, during the hospitalized treatment, the specialized rehabilitation treatment, which was conducted on MOE and MMT degradation, was not related to the accident, was determined to be the total adjustment of medical expenses, including hospital fees, and that the Plaintiff hospital should return all the medical expenses related to the instant hospitalized treatment.”

E. Meanwhile, the Plaintiff Hospital did not object to the above decision, and the said decision became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties is the primary debtor who bears the obligation to pay medical expenses. Defendant B is a joint and several surety for the obligation to pay medical expenses.