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(영문) 서울동부지방법원 2019.06.19 2018나30056

손해배상(기)

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The appeal cost and this court.

Reasons

1. Facts of recognition;

A. The Plaintiff was a patient who was hospitalized in the “D Hospital” located in Songpa-gu Seoul Metropolitan Government, and the Defendant is a doctor operating the said D Hospital.

B. On October 14, 2014, the Plaintiff entered into an insurance contract with E Co., Ltd. (hereinafter “E”) (hereinafter “instant insurance”). Around October 14, 2014, the Plaintiff was faced with the instant insurance contract, which took place in G in the vicinity of Maston car.

C. From March 3, 2015 to July 15, 2015, the Plaintiff received hospitalized treatment as uneasiness disease (e.g., rate of Korean disease f412), non-quality non-explosion (F510), and tensions (G442) in the above D Hospital for a period of 135 days. From May 2015, the Plaintiff claimed for the insurance money, such as the daily allowances for hospitalization, according to the insurance of this case.

E An insurance investigator on June 22, 2015 refers to a written confirmation of medical treatment of the plaintiff from the defendant (hereinafter referred to as "written confirmation of medical treatment of the plaintiff").

The main contents of this issue are as follows:

The name of diagnosis: F412 Internal source guards: F412: The desire for hospitalization due to depression, uneasiness, etc.; whether the content of the above treatment can be viewed as a pain treatment: A patient’s attempt for pain treatment; however, if it is necessary to undergo hospital treatment as much as the patient’s apprehensions about recurrence of public depression are high: the reason: the patient determined to be only a hospital capable of immediate countermeasures at the time of occurrence of uneasiness, such as easiness, etc.; the patient’s desire for hospitalization; whether the hospitalization is uneasiness; the causal relationship between the uneassive and uneasible disease and the traffic accident; and whether the medical reason for the occurrence of the accident is difficult to be considered as the result of an accident by 100%; and it appears that the accident has contributed to a certain degree.

E. After that, the Plaintiff was refused to pay insurance money, including the daily allowances for hospitalization, from E, and on June 29, 2015, the Plaintiff filed a financial dispute mediation with the Financial Supervisory Service. However, on September 11, 2015, the Plaintiff received the following replies from the Financial Supervisory Service.

In addition, the plaintiff has entered into a hospitalization agreement.