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(영문) 서울중앙지방법원 2019.11.15 2019나22950
구상금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is established pursuant to the National Health Insurance Act, and is a non-profit public interest corporation that manages and operates health insurance affairs for the prevention, diagnosis, medical treatment, rehabilitation, childbirth, death, and health promotion of the citizens’ disease, injury, etc., and the Defendant B (hereinafter “Defendant B”) is a company that operates the global member warehouse discount store, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is an insurer that entered into an indemnity insurance contract for facilities liability with Defendant B (hereinafter “instant insurance contract”) at the time of the occurrence of a safety accident in the workplace between Defendant B and the third party in which the damage was incurred.

B. On December 6, 2017, around 20:40 on December 6, 2017, the victim C parked a vehicle on the second floor of the building at B upper wing Point D located in Jung-gu Seoul Metropolitan Government, and went out while getting off ice-free workshops to move to the first floor (hereinafter “instant accident”). Accordingly, the victim suffered injury to the victim, such as light body strings, other frameworks of the outer strings, strings, and strings of the non-strings.

At the time of the instant accident, snowd around the said building, and water was found at the place of a ice-free workshop, but Defendant B did not install a ice-proof camera prior to the ice-free workshop, and did not conduct a warning broadcast.

C. The victim was hospitalized in the E hospital, F hospital, G hospital, etc. due to the instant accident. The medical expenses incurred from December 6, 2017 to February 1, 2019 were total of KRW 6,720,400, and the Plaintiff paid KRW 5,683,100 among the medical expenses to the above hospital on each relevant day, as indicated below (unit: source).

On April 17, 2018, the sum of the medical expenses for the person responsible for the payment of the Corporation's contributions on April 3, 2018, 3,201, 550 1,103,250 4,304,808 August 3, 2018; 694,680 361, 210 1,055,890 on August 8, 2018; 826,510-826,510 on the annual basis.

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