구상금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
1. Facts of recognition;
A. The Plaintiff is a non-profit special public corporation that manages and operates the health insurance business established by the National Health Insurance Act, and D is an insured person of the Plaintiff.
Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the owner of the bus E (hereinafter “instant bus”) and the user of Defendant C, the driver of the instant bus, and the Defendant Federation (hereinafter “Defendant Federation”) entered into an insurance contract with the Defendant Company, and the Defendant Company is a mutual aid business operator who takes over the liability for damages to a third party due to an accident that occurred due to the operation of the bus to which the Defendant Company belongs.
B. On October 14, 2015, D around 15:59, around the bus stops near subway No. 1, Defendant C was on board the bus in the instant bus driven by Defendant C at the bus stops near the bus stops. Before the seat was seated, Defendant C was on board the wind, which was fast down and down (hereinafter “instant accident”), and was treated at F Hospital, etc. from October 22, 2015 to January 22, 2016.
C. During the above period, the Plaintiff paid KRW 11,538,180 to the pertinent medical care institution, such as the above hospital, etc., with the amount of KRW 13,985,620, excluding KRW 2,447,440, total of the medical expenses incurred in treating D.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1, the purport of the whole statement, video, or pleading
2. Determination
A. According to the fact that the Defendants’ liability for damages was established, Defendant C is the bus driver of the instant bus, barring any special circumstance, and the Defendant Company is the owner of the instant bus, and the Defendant Federation is jointly and severally liable as the mutual aid business operator to compensate for the damages incurred D due to the instant accident.
B. The following circumstances revealed by the evidence revealed prior to the limitation of 1 liability, i.e., D’s board the bus of this case.