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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established under the National Health Insurance Act that manages and operates health insurance for the prevention and diagnosis of diseases and injury and for childbirth, death, improvement of health, etc. of citizens, and Nonparty B is a national health insurance policyholder.
B. On January 1, 2016, the Defendant concluded a business liability insurance policy with the content that compensates for losses to a third party within the limit of KRW 20,000,000 in the event of an accident that occurred due to the operation of D Jeondong, etc. held and managed by C as the insured of C (hereinafter “instant insurance contract”).
C. On June 10, 2016, Co-Defendant E of the first instance trial, a Co-Defendant E, a Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd., Ltd., (hereinafter “instant accident”), at the entrance of the customary market located in Busan Shipping Daegu F Co., Ltd., shocked B, walking along the crosswalk in accordance with the pedestrian signals, to the above electric cart (hereinafter “instant accident”), and thereby, he suffered injury, such as the corrosion of the detailed outline of the essential trends.
Due to the above injury, B was treated in G hospital, H hospital, etc., and the Plaintiff paid KRW 8,724,240 out of the total medical expenses of KRW 11,519,600 to each of the above medical institutions until June 16, 2017.
E. On August 7, 2017, Co., Ltd.: (a) determined the statutory damages under B arising from the instant accident as KRW 20,000,000; (b) the Defendant agreed to pay KRW 19,50,000 to each B (hereinafter “instant agreement”).
F. On August 8, 2017, the Defendant paid KRW 19,500,000 to B based on the instant agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of the liability for damages and the occurrence of the right to indemnity, the instant accident was negligent in failing to fulfill the duty of care to prevent safety accidents in the operation of D previously operated cart by E.