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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts and the summary of the cause of the claim
A. In the absence of dispute, E, around 09:00 on November 1, 2013, while driving a body part-time vehicle and driving on the road in front of the mountain lurg village in the front of the mountain lurgic village in the front of the Tae-eurgic village in the front of the Tae-eurgic City in the front of the vehicle in front, while driving on the lurgic road in the middle of the central line and driving on the lurging road in the front of the vehicle in front (hereinafter “instant accident”).
(2) E received treatment at a hospital due to the instant accident and died on December 25, 2013. The Plaintiff paid KRW 28,807,470 as insurance (medical care) benefits to the hospital until the Deceased died due to the said accident.
3. Defendant B is the deceased’s spouse, and the rest of the Defendants are the deceased’s children.
B. The Plaintiff’s assertion was overtaking a prior vehicle in an unreasonable manner, resulting in the instant accident by breaking the central line.
This constitutes a criminal act caused intentionally or by gross negligence under Article 53 (1) 1 of the Korean Insurance Act, and thus, insurance benefits should not be paid to the deceased.
Nevertheless, as seen earlier, the deceased received the insurance benefits unfairly from the Plaintiff, and thus, the Defendants, the inheritor, should return them.
2. Determination
(a) The purpose of this Act is to contribute to the improvement of national health and the promotion of social security by providing citizens with insurance benefits for the prevention, diagnosis, medical treatment, and rehabilitation of diseases and injury, for childbirth and death, and for improvement of health;
Article 53 (Restrictions on Benefits) (1) If a person eligible to receive insurance benefits falls under any of the following subparagraphs, the Service shall not provide any insurance benefit:
1. Where he/she has caused criminal conduct by intention or gross negligence or caused an accident by intention;
B. Determination Criteria 1) Article 48 of the National Health Insurance Act (former National Health Insurance Act.