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(영문) 서울서부지방법원 2019.04.04 2018나42419
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the health insurance under the National Health Insurance Act, and the Defendant B Co., Ltd. (hereinafter “Defendant insurance company”) is an insurance company that entered into a comprehensive automobile insurance contract with respect to the car car owned by Defendant A (hereinafter “instant vehicle”).

B. At around 10:30 on December 8, 2016, Defendant A, who driven the instant vehicle and proceeded in front of a restaurant in Kimpo-si, Kimpo-si on the back side of the F apartment, was negligent in performing an occupational duty of care to safely drive the instant vehicle by entering the intersection where traffic was not controlled and entering the intersection where the traffic was not controlled, thereby neglecting the duty of care to safely drive the bicycle side of the bicycle driven by G (hereinafter “victim”) having entered the intersection first and going to the right side from the left side of the running direction of the said vehicle at that time (hereinafter “the instant accident”). Accordingly, the victim suffered injury, such as the tropha, chille and tension, and tear of the left side of the road.

C. From December 28, 2016 to January 9, 2017 due to the instant accident, the victim received surgery, such as an operation and treatment, such as an operation and treatment, from the H Hospital on a half-month basis. During the said period, the Plaintiff paid KRW 929,470,00, excluding 264,820, out of the total medical expenses incurred at the said hospital, as medical care benefits.

Meanwhile, the degree of injury to the victim of the instant accident is 49%, and the defendant insurance company is 6,433,190 won as stated in the table below (hereinafter “the table of this case”).

In addition to the amount of medical care benefits stated in paragraph 929,470 won, the remainder of 5,503,720 won was disbursed as medical expenses, etc. of the victim related to the instant accident, such as the sequence in each order.

The amount paid for the treatment period of the name of the engine (source) at non-high 1 I Hospital on December 241, 2016, 570 2 J Hospital on December 8, 2016; December 27, 2016; 225, 230 3 J Hospital on December 27, 2016;

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