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(영문) 대전지방법원 2018.10.12 2018나103905
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Facts of recognition;

A. Under the National Health Insurance Act, the Plaintiff is an insurer of national health insurance that provides citizens with insurance benefits for the prevention, diagnosis, and medical treatment of and rehabilitation from diseases and injury, for childbirth and death, and for improvement of health. B is a policyholder of national health insurance. Defendant National Health Insurance Association’s federation (hereinafter “Defendant Federation”) is a mutual aid business entity who is liable for damages to be borne by a third party due to an accident that occurs during the operation of an urban bus A (hereinafter “instant bus”), and Defendant Daejeon Venture Co., Ltd (hereinafter “Defendant Company”) is an employer of C as an urban bus transport service provider.

B. Around 09:10 on August 28, 2016, while operating the bus of this case, C took off B, who is a passenger, from the E dry-gu bus platform located in Daejeon U.S., and B went back from the bus of this case, using the roadway between the bus of this case and India, and went back to the front side of the bus of this case. C starts with the bus of this case without knowing that the right edge of the bus of this case goes to the front right edge of the bus of this case. Accordingly, the occurrence of the accident that B goes to the front wheels of the bus of this case (hereinafter “the accident of this case”).

C. B received medical treatment from August 28, 2016 to July 29, 2017 in a branch university hospital, etc. due to the instant accident.

For B, the Plaintiff paid 14,545,240 won in total from December 7, 2016 to April 18, 2017, and 323,510 won in total from May 19, 2017 to September 1, 2017, respectively, as insurance benefits, from December 7, 2016 to April 18, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 7 to 14, the purport of the whole pleadings

2. Determination as to the cause of action

A. The facts of recognition as seen earlier prior to the occurrence of the claim for reimbursement, and the evidence and evidence as seen earlier are set forth in 1 to 2.

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