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(영문) 부산지방법원 2013.07.17 2013가합41496
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of each of the statements and arguments set forth in Gap evidence 1 to 7, Eul evidence 1 and Eul evidence 3-1, 34, 53, 80, 86, 91, 94, and 118.

The plaintiff is a corporation that has been established under the National Health Insurance Act and provides citizens with insurance benefits for prevention, diagnosis, and treatment of disease and injury.

B. On March 20, 2010, Defendant A driven D SL125 (124C) Oralba, without obtaining a motorcycle driver’s license on March 23:34, 2010, driven the front gate of the H-business taxi (hereinafter “instant taxi”) driving from the front section of the said Oralba (hereinafter “the instant accident”) to the front section of the said Oralba (hereinafter “the instant accident”). As a result, Defendant A was able to receive treatment from the Busan District Hospital, by suffering from the floor of the instant vehicle, which was located in the lower part of the 3rd line of the Fetype E located in Busan District, with the uneasible road located in the middle part of the 3rd line.

C. The Plaintiff paid 149,76,840 won in total, excluding KRW 30,773,480, out of 180,540,320, the total amount of I’s total medical expenses incurred from March 21, 2010 to February 2, 2013, to the relevant medical care institution, as indicated in the separate sheet of calculation of damages.

On the other hand, Defendant A was indicted on January 26, 201 on the charge of causing the instant accident in violation of the signal and causing injury to I. On the other hand, Defendant A sentenced Defendant A to imprisonment without prison labor for a maximum of one year, for a short term of ten months, and for a fine of two hundred thousand won on September 5, 2011, by recognizing all of the facts charged. However, the appellate court (the court below 201No3135) rendered a signal by Defendant A on August 23, 2012.

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