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(영문) 부산지방법원 2020.09.18 2019나65788
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

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, death, and improvement of health under the National Health Insurance Act.

B The insured of the health insurance conducted by the Plaintiff is the victim of the injury caused by the following accidents, and the Defendant is the insurer who has concluded the automobile insurance contract with respect to the C Vehicle (hereinafter referred to as the “C Vehicle”):

B. B, around 14:00 on August 13, 2016, while driving a sea-bed along the intersection in the intersection of South-west Sea, South-west, South-west, South-west, the lane was changed by a sea-going vehicle that changed the lane beyond the impact on the left-hand side, and the vehicle was caused by the damage of the backline of the shoulder and power lines, and the heat called “the instant accident” (hereinafter “instant accident”).

C. B received medical treatment at the D Hospital, E Hospital, and its branch in the South-North Sea, etc. due to the instant accident, from August 12, 2016 to February 28, 2017. The total amount of medical treatment incurred during that period was KRW 7,429,550 (hereinafter “instant medical treatment”).

Items 4,519,060 won (Evidence 2) calculated by deducting KRW 841,070 from the aggregate of the medical expenses borne by the Defendant in connection with the instant accident at KRW 841,070 (Evidence 2) incurred by the Defendant in relation to the instant accident at KRW 3,67,990 (Evidence 2).

Total medical expenses 7,429,550 won

D. During the treatment period in B, the Defendant paid KRW 841,070 and the medical expenses of KRW 3,677,990 to E Hospital, etc. in lieu of B. On March 15, 2017, the Defendant agreed on the injury caused by the instant accident and paid KRW 5,500,000 with the agreed amount.

E. The Plaintiff’s part of the Defendant’s share exceeds the upper limit of the Plaintiff’s share pursuant to Article 44 of the National Health Insurance Act and Article 19(2) of the Enforcement Decree of the same Act.

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