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(영문) 울산지방법원 2019.07.04 2018나24684

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

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

The defendant is an employer who employs B and has engaged in the business of operating motor vehicles.

C is the insured of the health insurance conducted by the Plaintiff, who is injured by the following accidents:

B. C was injured in the alley of 11 on September 25, 2016, while a bus was on board a bus driven by B around 17:15 on September 25, 2016, with a view to getting out of the bus as a bus stops temporarily, and thus getting out of the bus with a rear door of the bus that occurs in advance at the seat to get out of the bus.

(hereinafter the above accident is referred to as “the instant accident,” and the above injury is referred to as “the instant injury.”

C due to the instant accident, the Plaintiff received medical treatment at a hospital, which is a medical care institution, and incurred a total of KRW 1,070,920,000 for the medical expenses. The Plaintiff paid KRW 751,560, which is the Plaintiff’s charge, excluding KRW 319,360, out of the aforementioned medical expenses.

B was investigated by the Ulsan District Prosecutors' Office under the charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to the instant accident.

E. On November 3, 2016, the Ulsan District Prosecutors’ Office: (a) rendered a disposition not to institute a prosecution against B on the ground that C was admitted to bus mutual-aid, and caused personal injury by the instant accident; (b) there is insufficient evidence to deem B that it failed to perform its duty of care for the safety of passengers; and (c) the vehicle operated by B was admitted to bus mutual-aid, and thus, there was no right

(Ulsan District Public Prosecutor's Office 2016 punishment No. 4309). 【Ground of Recognition】 There has been no dispute, each entry in Gap evidence No. 1 through 4, and the purport of the whole pleadings

2. Acquisition and scope of the right to indemnity by the plaintiff;

A. According to the above recognition of the acquisition of the right of indemnity C, C does not have to do so.