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(영문) 대구지방법원 2015.11.13 2015가단109888
구상금
Text

1. The defendant is the "Plaintiff Corporation's charges" in the attached Form 33,602,550 won to the plaintiff and the attached Form 33.6

Reasons

1. Basic facts

A. The Plaintiff is a non-profit public interest corporation established pursuant to the National Health Insurance Act that manages and operates health insurance for the prevention, diagnosis, and rehabilitation of disease and injury of the citizens, for childbirth and death, and for improvement of health, and the Defendant is a local government in charge of educational, academic, and cultural affairs pursuant to the Local Education Autonomy Act, and the non-party A is a person who received the health insurance benefits by maintaining the Plaintiff’s workplace dependent capacity as a student in second grade B

B. On February 10, 2014, the above A, as a student in the automobile painting skills training in the instant school, spreaded a spper to the floor to remove a paint project, which has been draftd by the floor of the practice place, among the practice fields around 15:30 on February 10, 2014. In order to build this, the instant A, as a result, was treated as health insurance at C hospital, etc. by putting pictures on both sides of the instant schools, etc.

C. The Plaintiff paid KRW 33,602,550 to the pertinent medical care institution pursuant to Article 44 of the National Health Insurance Act (Partial Liability of Expenses) and Article 19 of the Enforcement Decree of the same Act among the total medical expenses incurred for video treatment due to the instant accident of the said A, which is KRW 125,160,861. The details of the payment of the total medical expenses and the charges of the Corporation are as shown in the attached Table.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through Gap evidence 13 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and its judgment

A. As to whether the Defendant is responsible for the occurrence of the instant accident, the principal or teacher of the instant school established and operated by the Defendant is obligated to protect and supervise students. Thus, the Plaintiff’s practical training and cleaning hours closely related to students’ educational activities.

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