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(영문) 의정부지방법원 2017.05.12 2016나62874
구상금
Text

1. As to Defendant B Co-Defendant in the first instance judgment, the joint Defendant in the first instance trial and the Defendant A shall be jointly and severally liable.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit public interest corporation established pursuant to the National Health Insurance Act, which manages and operates health insurance for disease, injury prevention, diagnosis, medical treatment, rehabilitation, childbirth, death, and health promotion. Defendant A is a person engaged in gyd operations while engaging in gyd operations at a golf course operated by a group operated by the joint Defendant of the first instance court in Seoul Special Metropolitan City, Nowon-gu, the Republic of Korea (hereinafter “Korea”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) is an insurer who entered into a liability insurance contract with the sports facility operator for a golf course with the aforementioned D organization.

(hereinafter “instant liability insurance”). B.

Defendant A, on October 17, 2014, was driving the electric cart (hereinafter “instant electric cart”) on the side of 9 holes in the said E golf course, and died of F, on October 18, 2014, due to the following: (a) he/she fell from the electric cart; (b) he/she died of F, on October 18, 2014; (c) he/she was driving the electric cart on the back of the said electric cart.

(hereinafter “instant accident”). C.

The F’s medical expenses incurred from the instant accident are KRW 11,414,661 (i.e., the Plaintiff’s medical care benefit cost of KRW 7,402,110 at the Plaintiff’s expense of KRW 595,540 at the Defendant’s expense of KRW 3,417,01).

[Ground of recognition] Facts without dispute, Gap evidence 3 through 8, Eul evidence 1, 2, Eul evidence 1 (including branch numbers) and the purport of the whole pleadings

2. Determination

A. Defendant A is a driver of the instant electric cart who is liable for the payment of the indemnity and the limitation of liability for the said liability, and the electric cart is open without door, etc. on the safety level or the electric cart, and it must be notified that passengers will lose their safety losses before the departure of the electric cart with a high risk of causing an accident.

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