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(영문) 대전지방법원 2020.07.22 2018가합103109 (1)
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are medical doctors operating a mutual hospital called “F Council member” in Daejeon-gu E, and the Defendant is an insurance company.

B. The Plaintiffs, at the above hospital, conducted video photographing tests, such as X-RAY, CT, and MRI, for traffic accident patients caused by the operation of vehicles that entered into a comprehensive automobile insurance contract with the Defendant.

C. Motor vehicle insurance medical fees for which the plaintiffs asserted that they were not paid to the defendant are as shown in the attached Form.

(hereinafter referred to as “medical fee of this case”). [Grounds for recognition] The fact that there is no dispute, entry of evidence A No. 1-4, the purport of the whole pleadings.

2. The parties' assertion

A. The gist of the plaintiffs' assertion is that when the victims of a traffic accident caused by the operation of vehicles for which the comprehensive automobile insurance contract with the defendant was concluded request the hospital operated by the plaintiffs to conduct a video photographing test, the plaintiffs notified the defendant and confirmed the defendant's intent to guarantee the payment of the medical fees and conducted a video photographing test, and the defendant received the above medical fees from the defendant in accordance with the calculation standards for motor vehicle insurance medical fees

However, although the plaintiffs claimed the medical fee of this case to the defendant in the above manner, the defendant did not pay it up to now.

Therefore, the defendant is obligated to pay each medical fee and damages for delay for the amount claimed to the plaintiffs.

B. Of the medical fees in the instant case, the part of KRW 106,610 for G, and KRW 106,610 for H was known by the accident inquiry, and it cannot be deemed that the Plaintiffs notified the Defendant of the examination for filming due to traffic accident and confirmed the Defendant’s intent to guarantee the payment of medical expenses.

I paid 314,580 won to J, 275,290 won to K, and 106,610 won to K.

The three-year statute of limitations has expired for the remainder of medical fee claims.

3. Determination A.

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