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(영문) 전주지방법원정읍지원 2016.06.21 2015가단10637
채무부존재확인
Text

1. The principal who the Defendant-Counterclaim Plaintiff paid to the Jeonbuk University Hospital in relation to the traffic accident stated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement with respect to B cargo vehicles (hereinafter “instant cargo vehicles”).

B. On October 25, 2012, the driver of the instant vehicle caused an accident where the Defendant, who was repairing a bicycle at the edge of the instant vehicle due to a strokeing operation on the national highway No. 30 in the documents attached to the former Northwest-gun, North Korea (hereinafter “instant accident”).

C. In the instant accident, the Defendant suffered from injury, such as divesing the alley of the trophal typhrosis, etc. due to the instant accident, and was hospitalized in C Hospital and Jeonbuk University Hospital from October 25, 2012 to December 13, 2012, and received hospital treatment and outpatient treatment at Jeonbuk University Hospital.

The Jeonbuk University Hospital claimed KRW 21,266,655 in total for treatment costs to the Defendant, and the Defendant directly paid KRW 3,021,060 out of the estimated treatment costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the terms and conditions of the instant vehicle insurance contract, the Plaintiff, the insurer, is not obligated to pay KRW 3,021,060 to the Defendant for the expenses incurred in connection with the instant vehicle insurance contract. 2) Even if the symptoms have deteriorated due to the instant accident, the insurer shall bear the medical expenses incurred in relation to the instant accident. As such, the Plaintiff was obligated to pay the medical expenses incurred in relation thereto, since the Defendant’s critical disease has deteriorated due to the instant accident.

B. In full view of the fact-finding 1 acknowledged as Gap evidence Nos. 4 and Eul evidence Nos. 5, Gwangju regional headquarters of the National Health Insurance Corporation, and the purport of the entire arguments about Jeonbuk University Hospital, the following facts can be acknowledged.

① Terms and conditions of the instant automobile mutual aid agreement.

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