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(영문) 수원지방법원 2017.09.07 2016나51658
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the National Health Insurance that provides citizens with insurance benefits for disease and injury prevention, diagnosis, medical treatment and rehabilitation, childbirth death, and improvement of health pursuant to the National Health Insurance Act. A is a policyholder of the National Health Insurance, and the Defendant is the insurer of the National Health Insurance, who has taken over the liability for damages to a third party due to an accident that occurred while driving a bus B (hereinafter “Defendant vehicle”).

B. On December 28, 2013, around 22:43, 2013, the E-vehicle driven by A (hereinafter referred to as “Plaintiff-motor vehicle”) who is driving on the part of the Defendant-owned vehicle following the vehicle and driven a F-motor vehicle driving in the opposite opposite lane in order to avoid the Defendant-owned vehicle at the left-hand side while driving the vehicle, driving the Defendant-owned vehicle at the center line and driving the vehicle normally in the opposite lane.

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

A due to the instant accident, from December 28, 2013 to April 28, 2014, A received medical treatment at a medical corporation, Suwon Central Hospital, etc., and the Plaintiff paid KRW 2,323,80,00, excluding KRW 820,880, out of the total medical expenses, from February 5, 2014 to May 22, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event of a claim for indemnity, the Defendant is liable to compensate for the damages incurred by A due to the instant accident as the mutual aid business operator of Defendant vehicle, and the Plaintiff paid the insurance benefits to A in the instant accident, and thus, it is deemed that A acquired the right to claim damages against the Defendant under Article 58(1) of the National Health Insurance Act.

(b) The amount of damage claim against the Defendant of A, taking into account the scope of the claim for reimbursement of 1 A’s negligence ratio and the degree of contribution to the king.

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