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(영문) 인천지방법원 2019.06.11 2018나60338
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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 and death, and improvement of health pursuant to the National Health Insurance Act, and the Defendant also remains below.

It is the perpetrator of the same accident as described in the paragraph, and B is the insured of health insurance conducted by the plaintiff, who suffered an injury due to the above accident.

B. On August 10, 2013, at around 9:35, the Defendant driven a bicycle and discovered B coming from the opposite part of the bicycle road of Incheon Gyeyang-gu, which was a bicycle bicycle, as a bicycle, and shocked B to avoid this (hereinafter “instant accident”), and thereby, caused B to suffer injury, such as an injury, such as one-way poppy, which had no two open locations.

C. B received medical treatment from August 10, 2013 in medical corporations D, etc., which are the Plaintiff’s designated medical care institutions, due to the instant accident, and paid co-payment under the National Health Insurance Act.

On March 31, 2015, the Defendant agreed to the following terms with respect to B’s damage caused by the instant accident, and fulfilled the obligations under the said agreement:

As to the damage suffered by B due to the accident in this case, B decided to receive the following amount from the Defendant as damages, and agreed to do so in full with each other, it is confirmed that the following rights are waived, and that B does not file a civil or criminal lawsuit or objection for any reason.

Agreed Amount: the Terms and Conditions of the Agreement in KRW 238,349,710: the Agreed Amount shall be included in all legal liability amounts relating to the foregoing case (including ex post facto treatment expenses).

1. The Defendant’s insurance company paid KRW 96,451,710 for the medical expenses and other dues of the National Health Insurance Corporation. 2. The Defendant’s insurance company pays KRW 137,50,000 to B from the remainder of the agreed amount, excluding the agreed amount.

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