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(영문) 제주지방법원 2015.12.15 2014가단46326
구상금
Text

1. The Defendants jointly committed against the Plaintiff KRW 47,982,310 and KRW 1,861,310 of the said money, respectively, from April 3, 2012 to February 2, 2012.

Reasons

1. Basic facts

A. On December 10, 2008, Defendant A driven a BF Rabta car (hereinafter “the instant sea vehicle”) on and around 8:34, 2008, caused an accident where: (a) Party A driven a road of one lane C in front of the instant sea vehicle at a speed of about 41km/50km per hour in the direction of the Simsan Marine and Fisheries in the direction of the mountain port; and (b) Party D Co., Ltd. (hereinafter “D”) working as the signal number belonging to D on the above road at the construction site; (c) without finding out that Party B was crossing the road from the front side of the instant sea vehicle to the right side of the instant sea vehicle; and (d) Party A suffered an accident that shocks E with the front side of the instant sea vehicle as a part of the instant sea vehicle (hereinafter “instant accident”); and (c) Party A suffered from an accident under the influence of the instant sea traffic, etc. due to the instant accident.

B. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) is an insurance company that entered into an insurance contract on the liability for damages arising from an accident of the instant sea vehicle.

C. E received medical treatment applicable to health insurance in a health care institution, such as F Medical Officials and G-Rehabilitation Care Hospitals, for the treatment of the injury insured due to the instant accident. From January 27, 2012 to May 22, 2015, the Plaintiff paid KRW 47,982,310, 200, excluding the Plaintiff’s personal-paid health care benefit cost and non-paid health care benefit cost borne by E, excluding KRW 23,725,330, total medical care benefit cost and non-paid benefit cost, to the health care institution.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant A is the direct perpetrator of the instant accident, and Defendant Hyundai Sea is jointly liable for the damages incurred by E due to the instant accident as the insurer of the instant Lives Vehicle. The Plaintiff is a person who paid the insurance benefits equivalent to the medical expenses of E in accordance with Article 58 of the National Health Insurance Act.

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