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(영문) 대구지방법원 2019.07.04 2018나315630

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On August 28, 2015, at around 12:50, C driving a D car (hereinafter “Plaintiff”) and driving a two-lane on the motorway, C discovered a paper gambling where the EF car driven by B (hereinafter “Defendant vehicle”) in the vicinity of the Yancheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and caused an accident of shocking the central separation zone by putting the hand on the left-hand side in order to avoid this.

(hereinafter “instant accident”). (b)

C due to the instant accident, C received medical treatment in the F Hospital, G Hospital, etc. by suffering injuries, such as an unidentified cerebral lele, and a pelle with no open body in the two parts.

C. Under the National Health Insurance Act, the Plaintiff claims KRW 5,653,260, excluding KRW 89,790, 260, 5,653,260, 5,640, 5,620, 5,112,620, out of C’s medical expenses incurred from March 8, 2016 after the instant accident, as a non-profit public interest corporation established to manage and operate health insurance affairs for the prevention, diagnosis, and rehabilitation of diseases and injury, childbirth and death, and for the improvement of health. However, the Plaintiff claims KRW 5,653,640, 540, 620, 5,620, 5,620, 5,112,620, 620, and 5,620,000, 5,112,620, 201, 2016, 2015, 2016, 2016.

B The amount of co-payment borne by C in 2015 exceeds the maximum amount of personal burden under Article 44 of the National Health Insurance Act and Article 19 of the Enforcement Decree of the same Act, which was paid as medical care benefits to the relevant medical care institution, and was refunded KRW 540,640 to C on September 1, 2016 (hereinafter “instant ex-post refund”).

On the other hand, the defendant is the defendant.