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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On September 24, 2012, Nonparty A received from Nonparty B the keys of the D Passenger Vehicle B owned by Nonparty B (hereinafter “instant accident vehicle”).
A, at around 05:45 on the same day, while driving the instant vehicle and staying at the same time, conflict with the utility poles located on the right-hand side of the road due to driving fslick road in E while driving the instant vehicle, A dies, and B accompanied by the said vehicle suffered injury, such as damage in the two parts, and sprinking, etc.
(hereinafter “instant accident”). (b)
The Plaintiff paid the Plaintiff’s medical expenses under the National Health Insurance Act to the medical care institution among the medical expenses incurred by the medical care institution, such as the Hancheon-do University Hospital, etc., for health insurance due to the instant accident.
C. The Defendant is an insurer who has concluded an automobile insurance contract with respect to the instant vehicle involved.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff paid the insurance benefits for the treatment of the Plaintiff’s injury, and thus, the Plaintiff subrogated the claim for damages that B had against the Defendant pursuant to Article 58(1) of the National Health Insurance Act.
Therefore, the Defendant is obligated to pay KRW 12,442,80 of the Plaintiff’s damages and damages for delay, excluding the amount paid to the Plaintiff by the deceased Party A, the driver of the instant accident vehicle, among the medical expenses borne by the Plaintiff.
B. Defendant B was in the position of operator at the time of operating the instant vehicle, and was not in the position of “other person” under the insurance contract, and thus, the Defendant did not have a duty to compensate for personal injury according to the insurance contract.
The defendant bears only the duty to compensate for the bodily accidents caused by the defendant and B, and the duty to compensate for the bodily accidents caused by the defendant and B was fulfilled in all relevant cases (Tgu District Court 2015Na303254).
3. Determination.