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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 1,288,382 and to the plaintiff on June 8, 2012.
Reasons
1. Basic facts and relevant regulations;
A. The Defendant is an insurer who has entered into a motor vehicle mutual aid agreement with C buses, and the Plaintiff is a medical corporation that operates the “Acheon-ro Hospital” (hereinafter “Plaintiff’s side hospital”).
B. A, around 16:00 on June 14, 201, driving a B vehicle and proceeding with the private distance at the kidne elementary school in the kidne-dong in the Hanam-si, and was in conflict with the said C bus (hereinafter “instant accident”).
C. A received hospital’s hospitalized treatment (hereinafter “instant treatment”) at the Plaintiff’s hospital, from June 14, 201 to August 2, 2011, as the instant accident was affected by an injury, such as influoral, fluoral, spathal, spathal, spathal, anti-spathy, anti-spathal, anti-spathal, anti-spathy, spathal, anti-spathal, spathal, spathing, spathing, spathing, etc., of the plebros, and accordingly, at the Plaintiff’s hospital (hereinafter “instant treatment”).
On September 14, 2011, the Plaintiff claimed for medical expenses of KRW 8,633,730 to the Defendant, who is an insurer obligated to pay A medical expenses due to the instant accident, according to the instant insurance contract, and the Defendant paid KRW 6,950,000 to the Plaintiff on November 10, 2011.
E. After that, the Defendant filed a petition for review with the Motor Vehicle Insurance Medical Fee Dispute Resolution Council (hereinafter “Council”) on the ground that there was no proximate causal relation with the instant accident, as part of the instant medical treatment executed by the Plaintiff’s hospital was for the treatment of the king. On April 19, 2012, the Council, on the ground that there was no causal relation with the instant accident, reduced KRW 1,976,740 out of KRW 8,633,730 claimed by the Defendant on the ground that there was no causal relation with the instant accident, to return KRW 293,010 out of the medical fees (6,950,000) paid by the Defendant to the Plaintiff, and to bear KRW 243,350 (hereinafter “instant review and decision”).
F. Meanwhile, the defendant filed a request for examination with the Council.