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(영문) 의정부지방법원고양지원 2019.11.08 2015가단30292
치료비
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 176,587,50 and KRW 71,283,510 among the Defendants.

Reasons

1. Facts of recognition;

A. On July 6, 2012, Defendant A hospitalized in a hospital operated by the Plaintiff and received treatment until October 9, 2019.

B. On July 6, 2012, Defendant B jointly and severally guaranteed the Defendant A’s liability for medical expenses within the scope of KRW 30,000,000.

C. Of the medical treatment costs received in the above hospital by Defendant A, the amount of the principal’s charges is KRW 176,587,550 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants shall jointly and severally pay to the Plaintiff medical expenses of KRW 176,587,550 and KRW 71,283,510, among them, KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Affiliation from November 4, 2015 to May 31, 2019, KRW 12% per annum as prescribed by the same Act, KRW 59,710,80 per annum as to KRW 59,710 from the following day until the day of full payment, and KRW 10,00 per annum as to KRW 15% per annum as prescribed by the same Act from July 18, 2018 to May 31, 2019; KRW 10,000 per annum as to KRW 10,000 per annum as well as KRW 20,000 per annum as joint and several surety from the following day to the day of full payment.

The plaintiff is jointly and severally liable for the full payment of the medical expenses to the defendant Eul, but the defendant Eul's joint and several liability for the medical expenses to the extent of 30,000,000 won is as mentioned above, and there is no evidence to prove that the defendant Eul is jointly and severally liable for the payment of the medical expenses exceeding the above scope of guarantee.

3. The defendants' defenses are determined by the medical personnel of the plaintiff hospital.

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