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(영문) 창원지방법원 2016.01.29 2015가단82040
구상금
Text

1. The Defendants jointly share KRW 8,640,177 with the Plaintiff and KRW 5% per annum from February 27, 2015 to January 29, 2016.

Reasons

1. Payment of medical care benefits, etc.;

A. The Plaintiff is a non-profit special public-service corporation that manages and operates health insurance for a citizen’s disease, injury, childbirth, death, health promotion, etc. established under the National Health Insurance Act, and B is a person who has subscribed to the Plaintiff’s national health insurance.

B. Defendant lot Loss Insurance Co., Ltd. (hereinafter “Defendant lot Loss Insurance”) is the insurer of the motor vehicle accident compensation insurance for C vehicle (hereinafter “instant vehicle”) and Defendant A is the driver of the instant vehicle.

C. B, on February 5, 201, on the back of the E vehicle driven by the D in the vicinity of the snow shooting distance located in the New Year of Jin-gu, Jin-gu, Jin-si, Kim Jong-si, Kim Jong-si, was killed by Defendant A due to his negligence in collision with the instant vehicle that Defendant A driven.

B After receiving medical treatment in the Fvalescent Hospital, etc. from April 26, 2011, after receiving medical treatment in the Fvalescent Hospital, etc., received medical treatment in the Gvalescent Hospital, etc. from February 1, 2014 as health insurance.

E. The Plaintiff filed a lawsuit seeking reimbursement for part of the medical expenses against the Defendants under this court’s 2013da8192, which was incurred by B in receiving hospital treatment by January 31, 2014, for the payment of KRW 63,729,910, which is the Plaintiff’s charge to the Corporation, among the total medical expenses spent by B in receiving hospital treatment by January 31, 2014.

F. On November 7, 2014, B’s apportionment ratio of the total medical expenses of KRW 82,384,780 up to January 31, 2014, the court calculated the damage of KRW 24,715,434 (i.e., the total medical expenses of KRW 82,384,780 x the degree of contribution to the accident x 30%) and then added damages for delay calculated at the rate of KRW 24,715,434 per annum from the date of disbursement to KRW 24,715,434, which can be subrogated to the Plaintiff within the limit of KRW 63,729,910 that the Plaintiff borne, thereby making a decision to recommend reconciliation to the effect that “Defendant Yan Insurance shall pay KRW 26,50,000 to the Plaintiff until December 15, 2014.” The above decision to recommend reconciliation became final and conclusive.

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