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(영문) 창원지방법원 2017.05.16 2016나59406

구상금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

The Defendant is an insurance company that entered into an insurance contract with the perpetrator A of the instant accident as follows.

B is a victim of injury caused by the accident as a subscriber to the health insurance conducted by the Plaintiff.

B. At around 10:30 on May 27, 2013, B, at the D shooting range located in the window C of Changwon-si, two tons of provisional tin was fixed to wire ropes and moved to A, and the wire ropes during which the tin was fixed, was unfolded and used in the tin, and the tin was caused by the injury (hereinafter “instant accident”).

C. B received medical treatment at E Hospital, a medical care institution, from May 27, 2013 to January 27, 2014 due to the instant accident. During the foregoing period, the Corporation’s charges and the victim’s principal charges incurred by the instant accident were totaling KRW 9,864,742 as indicated below.

Product Amount of the Plaintiff’s 7,128,322 KRW 2,736,420,000,000 KRW 9,864,742

D. On November 21, 2013, the Defendant paid KRW 23,950,00,000, after deducting KRW 26,950,000, which was first paid at the request of B, from the agreed amount of KRW 26,950,000 according to the agreement between B and A, and KRW 50,00,00, which was paid to the Plaintiff on May 12, 2014.

E. On the other hand, the Plaintiff decided to refund KRW 803,220 to B on February 13, 2015 on the ground that the amount borne by B during the period from March 5, 2013 to December 23, 2013 exceeds the upper limit on the individual burden under Article 44 of the National Health Insurance Act and Article 19 of the Enforcement Decree of the same Act, and paid KRW 803,220 to B on May 22, 2015.

F. Since January 26, 2016, the Plaintiff was involved in the instant accident among the refund money after the death of the Plaintiff.