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(영문) 대전지방법원천안지원 2016.11.09 2015가단112968

구상금

Text

1. The Defendants jointly share the Plaintiff KRW 115,134,318 and KRW 57,446,436 among them, from October 24, 2013 to 30.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the National Health Insurance Act that manages and operates the national health insurance for the prevention of disease and injury, diagnosis, medical treatment, rehabilitation, childbirth and death, improvement of health, etc.

Defendant Matts Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who has concluded a comprehensive automobile insurance contract with respect to freight vehicles for removal B (hereinafter “Defendant vehicles”) between Korea Transportation Co., Ltd. by setting the insurance period from November 13, 2012 to March 20, 2013.

C is the driver of the D-Tank Cargo Vehicle (hereinafter referred to as the "Plaintiff Vehicle").

B. Around 09:57 on January 1, 2013, Defendant A driven the Defendant vehicle and proceeded with the listed intersection road located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu as an entrance-distance area from the Jinan-gu, Seocheon-gu. Defendant A conflict with the Plaintiff vehicle that was proceeding on the left-hand side from the safe right-hand side of the proceeding, and thereby, Defendant A suffered bodily injury, such as the blood species, etc. of the light-to-face in which C has two open addresses.

(hereinafter referred to as “instant accident”). C.

C As to the injury inflicted by the instant accident, C was treated as shown in attached Form 2 from January 8, 2013 to September 1, 2015.

During the above period, C’s expenses incurred in treatment are KRW 191,890,530. Of these, the Plaintiff paid KRW 173,612,180 in total, the respective amount indicated in the column for “Plaintiff’s charges” and “prior ceiling on personal charges” in medical care institutions, such as the hospital affiliated with a university and college, etc. (i.e., the Plaintiff paid KRW 149,121,730 in total, KRW 24,490,450 in total on the date of payment of medical expenses, and around December 30, 2015, C paid KRW 9,335,780 in total after the maturity of repayment.

In the case of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in relation to the instant accident, C was subject to a disposition of suspicion on October 31, 2013.

On the other hand, Defendant A caused the instant accident by occupational negligence in violation of the signal and sustained each injury to E and C.