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(영문) 인천지방법원 2015.11.27 2014가단25619
손해배상(의)
Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Counterclaim. Claim.

Reasons

1. Facts of recognition;

A. On November 3, 2011, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Trisung Fire and Marine Insurance”) operated a C-car (hereinafter “A-related vehicle”) which was subscribed to a comprehensive automobile insurance contract by the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “C-car”) and caused an accident of shocking the Plaintiff’s D-car (hereinafter “damaged vehicle”)’s rear to the front driver of the Plaintiff’s automobile (hereinafter “victim”) which was stopped in front of the signal atmosphere from the e-mail of Seo-gu, Seo-gu, Incheon.

(hereinafter “instant traffic accident”). (b)

After the instant traffic accident, the Plaintiff received hospital treatment from E members from E members to December 20, 2011, and received hospital treatment from the 21st of the same month to the 31st of the same month. From January 15, 2012 to the 31st of the same month, the Plaintiff received hospital treatment from the Acheon University Street Hospital (hereinafter “Road Hospital”) operated by the Defendant.

2. up to January 2, 200, hospitalized in a roadside hospital, received an operation, such as the removal of conical signboards, new mitigation and pressure, and spine crypology (hereinafter “instant operation”).

C. On January 26, 2012, Samsung Fire and Marine Insurance issued a payment guarantee to the Defendant to guarantee the payment of medical fees based on the standard of medical fees covered by automobile accident insurance in relation to the instant traffic accident following the same year.

3.12. Claim from the Defendant for 8,809,380 won at the operating expenses of the instant case; the same year;

4. 23. Payment by the Defendant of KRW 7,109,720 in advance, and for the same year;

5. 10. 10. The Dispute Resolution Council on Medical Fee Insurance (hereinafter “Dispute Resolution Council”) filed a request for review of medical expenses (Examination Number F).

The Dispute Council shall have the same year.

9. 20. 20. The Defendant decided that Samsung Fire Marine Insurance shall return KRW 7,109,720 to Samsung Fire Marine Insurance on the ground that the instant operation had no causal relationship with the instant traffic accident.

Within 30 days from the date of receipt of the notice of the above review, the Defendant received Samsung Fire Marine Insurance (Seoul Central District Court 2012Kadan321565) from the Seoul Central District Court to receive advance payment as operating expenses.

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