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(영문) 대구지방법원 2016.09.22 2016나302609

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that manages and operates the national health insurance business established under the National Health Insurance Act, and B is the insured of the national health insurance.

B. Defendant A operates a water-related leisure business with the trade name “D” in Kimcheon-si, and operated a motor boat towing the water skiing in the course of the accident as seen below.

C. Defendant East Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant Insurance Co., Ltd”) is an insurer which entered into a liability insurance contract with the Korea Water Skiwed Association to ensure that the insured is the Defendant A and the damage arising from water-related leisure accidents, etc. arising from the foregoing business.

B around 16:40 on September 4, 2014, at the near E reservoir near C, the water skiing course was taken by Defendant A. While the water ski course was towed by Defendant A, while the water skiing driven by Defendant A was driven by Defendant A, the water taken place from the right side side of the motor boat to the left side side of the motor boat, and the trees, head, etc. faced with the water surface.

As a result, B suffered injuries, such as erode, tensions, and damage to vertebrates of unknown erode.g.

(hereinafter “instant accident”). E.

On the other hand, B opened a water skiing from June 24, 2014 from Defendant A, and from August 2014 to the date of the occurrence of the instant accident, B visited the said business entity three to four times a week and boarded the water skiing.

F. B received treatment from the instant accident, such as the Kumcheon University affiliated with the Hacheon National University from September 4, 2014 to May 18, 2015, in the Gulcheon National University Hospital, Gyeongbuk National University Hospital, and Franchisium.

G. From October 8, 2014 to June 22, 2015, the Plaintiff paid KRW 1,701,830,000, excluding KRW 976,430, out of the total medical expenses in B, 2,678,260, to each medical institution.

The plaintiff's specific details are as follows.