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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 non-profit corporation that runs the national health insurance business under the National Health Insurance Act, and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Defendant vehicle”).
B. On August 7, 2012, at around 21:15, the Defendant’s vehicle driven along three lanes near Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, along a three-lane road, and stopped in front of the exit No. 5, Gangnam-gu, Gangnam-gu. In order to get off, the Defendant’s vehicle opened a front door and stopped the left side of the bicycle of B, which was proceeding along the four-lane of the above road, at the time of getting off.
(hereinafter referred to as “instant accident”). C.
B was injured by the instant accident, such as “other shoulders and flags, damage to the flag and power lines,” and “heat.”
By December 10, 2012, the Plaintiff paid KRW 2,070,310 to the relevant medical institution, excluding KRW 590,120,00 for the medical expenses of B 2,660,430 for the medical expenses of B, excluding KRW 590,120 for the principal.
E. Meanwhile, prior to the instant accident, B had already been the king of damage to the right shoulder part of the front line, which was widely expanded due to the instant accident. Considering B’s above king evidence, the degree of contribution to the instant accident to B’s injury is equivalent to 80%.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the result of the commission of the examination of medical records to the head of the Ansan Hospital at the Korea University, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is liable to compensate the Plaintiff for damages equivalent to the amount of the medical expenses in B arising from the instant accident (i.e., total medical expenses of KRW 2,660,430 x 0.8) and the Plaintiff’s indemnity amount of KRW 2,070,310, which is the day following the final payment date of the health insurance fund equivalent to the above medical expenses, as sought by the Plaintiff.