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(영문) 인천지방법원 2016.06.14 2014나53714

구상금

Text

1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the National Health Insurance that provides citizens with insurance benefits for the prevention, diagnosis, and medical treatment of, and rehabilitation from, diseases and injury, as well as for childbirth and death, and for improvement of health pursuant to the National Health Insurance Act. The Defendant is an insurer that entered into an automobile insurance contract with A with the content that would compensate for damage inflicted upon A in the event of death or injury of a person caused by the operation of the Damb Ba-Ba vehicle (hereinafter “instant vehicle”). C is a policyholder of the health insurance conducted by the Plaintiff, who was injured due to the following accidents.

B. A, around 18:20 on February 8, 2012, 2012, around 18:20, 18:3: (a) was injured by the instant vehicle by shocking C, which was walking the said place, into the instant vehicle (hereinafter “instant accident”) by shocking C with the instant vehicle (hereinafter “instant accident”).

C. C received medical treatment from medical care institutions, such as F Hospital, G Hospital, Hary medicine clinic, and I Hospital, due to the instant accident. From April 27, 2012 to June 30, 2015, the entire medical expenses incurred as a result of the instant accident were KRW 49,436,230 [i.e., insurance benefit costs + KRW 18,288,010 [i.e., the Plaintiff’s charges of KRW 13,126,840 (= KRW 5,161,170) for non-benefit costs of KRW 31,148,220].

From March 22, 2012 to April 10, 2014, the Defendant paid C totaling KRW 30,195,570 as insurance proceeds, such as medical expenses.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, 7 through 15 (including branch numbers), and the purport of whole pleadings

2. Acquisition and scope of the right to indemnity;

A. According to the facts of recognition as above, the defendant is liable for damages sustained C due to the instant accident as the insurer of A who caused the instant accident.

However, the plaintiff, however, has C receive medical treatment at a medical care institution.