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(영문) 인천지방법원 2017.08.11 2015나51579
구상금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that provides insurance benefits pursuant to the National Health Insurance Act, and the Plaintiff’s Intervenor is the insured of the health insurance conducted by the Plaintiff, and Defendant Samsung Fire Marine Insurance Co., Ltd is the insurer that concluded the comprehensive automobile insurance contract with Defendant A

B. At around 14:20 on September 21, 201, Defendant A, while driving D A-D A-D car, was facing the Plaintiff’s Intervenor’s vehicle located in the direction of the port site in the south-gu Incheon Metropolitan City, Southern-gu, 512-20 coast, while working in the direction of the city of transmission from the intersection to the intersection to the intersection of the Hando-do-ro.

(hereinafter “instant accident”). As a result, the Plaintiff’s Intervenor suffered injury, such as salvage, salvine, and other damage of unknown details, and damage of salutical roots, etc.

C. From September 21, 2011 to November 19, 2015, the Plaintiff’s Intervenor received medical treatment at a medical corporation, roadside hospital, hospital, etc., and E hospital, etc., from September 21, 2011 to November 19, 2015. The Plaintiff paid KRW 26,239,390, 390, excluding KRW 6,519,070 for the Plaintiff’s Intervenor’s Intervenor’s total medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 9, 13 through 17, 23, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s damage subrogation 1) As to the damage incurred from the instant accident to the Plaintiff’s Intervenor, Defendant A is liable for tort liability under the Civil Act as the perpetrator of the instant accident, and Defendant Samsung Fire Marine Insurance Co., Ltd. is jointly liable pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act as an insurer under the comprehensive automobile insurance contract. 2) The Plaintiff paid insurance benefits to the Plaintiff’s Intervenor for the instant accident. As such, the Plaintiff acquired by subrogation the Plaintiff’s claim for damages against the Defendants pursuant to Article 58(1) of the National Health Insurance Act, barring any special

(b).

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