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(영문) 대전지방법원 2021.01.22 2020나106501
구상금
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is established under the National Health Insurance Act and manages and operates health insurance for the prevention, diagnosis, medical treatment, rehabilitation of diseases and injury, childbirth, death, improvement of health, etc. of citizens.

B. Defendant A Co., Ltd. (hereinafter “Defendant A”) committed a transport business while owning urban buses, and Defendant B’s federation (hereinafter “Defendant Federation”) entered into a mutual aid agreement to compensate for damages arising from an accident that occurred in vehicle operation with respect to urban buses belonging to the Defendant Company.

(c)

On February 27, 2016, Nonparty C (hereinafter referred to as “victim”) was on board a city bus (E; hereinafter referred to as “Defendant bus”) belonging to the Defendant Company that Nonparty D drive in the vicinity of the complex terminal in Dong-gu Daejeon, Daejeon, Dong-gu, Daejeon (hereinafter referred to as “Defendant bus”) and went beyond the center of body due to the rapid stop of Defendant bus while moving to sit in the seat (hereinafter referred to as “the instant accident”). As such, Nonparty C (hereinafter referred to as “the instant accident”).

The injured party suffered from the instant accident that caused the injury, such as the fresh of the shoulder that requires approximately eight weeks of medical treatment, damage to the fresh and power lines, and the damage to the heat, etc. (hereinafter “the instant injury”).

E. From March 7, 2016 to July 26, 2016 after the instant accident, the Plaintiff paid KRW 2,111,540 out of the medical expenses incurred from the instant injury to the F Hospital.

[Ground for Recognition] Unsatisfy, Gap evidence No. 6

2. The assertion and judgment

A. 1) The Plaintiff is the owner of the Defendant bus, and the Defendant Company is the user of D, who is the owner of the Defendant bus, and the Defendant Federation is jointly and severally liable as a mutual aid business operator under the mutual aid agreement and is liable for all damages incurred by the victim due to the instant accident. Since the Plaintiff paid the medical expenses incurred from the instant injury, the Defendants jointly paid the medical expenses pursuant to Article 58(1) of the National Health Insurance Act.

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