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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The pertinent Plaintiff is a non-profit public interest corporation that manages and operates the health insurance business for preventing, diagnosing, treating, and rehabilitationing the disease and injury of the people established under the National Health Insurance Act, for childbirth death, and for promoting health.
The defendant Korea Veterans Welfare and Healthcare Corporation (hereinafter referred to as the "Defendant Corporation") shall be as follows: Article 34 (1) 1 of the Welfare of the Aged Act (Medical Welfare Facilities for the Aged) of Article 34 (1) 1 of the Welfare of the Aged Act (1)
1. A sanatorium for older persons: A sanatorium for older persons (hereinafter referred to as "the medical center in this case") is operated, which is a sanatorium for older persons prescribed by the facilities that provide meals, medical treatment and other conveniences necessary for their daily lives, by admitting older persons who need help due to sexual illness, such as dementia and paralysis, etc., caused by considerable mental and physical disabilities;
In addition, Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire”) is an insurance company that concludes an insurance contract with Defendant Corporation and pays insurance proceeds for the liability for damages borne by Defendant Corporation.
B. On November 22, 2013, A entered into a contract with the Defendant Corporation for long-term care care entry into, and took care of at the instant medical care center on December 28, 2013, the instant accident occurred due to the wind that, around 08:30 on December 28, 2013, he/she was forced to get out of his/her beds located in the instant medical care center B, and that, at the expense of the instant medical care center, he/she was forced to get out
(hereinafter referred to as “instant accident”). C.
As a result of the Plaintiff’s payment of medical expenses, A received treatment at the Gwangju Veterans Hospital, and the Plaintiff paid KRW 5,506,300 in total to the Gwangju Veterans Hospital as follows.
The amount paid on April 15, 2014. 293, 380 on April 15, 2014. 5, 126, 910 on April 30, 2014. 5, 12, 660 on June 5, 2014; 40, 840 on October 31, 2014; 40,840 on December 31, 2014; 5,506,30 on the aggregate of 5,506,30 on March 10, 2015;
D. The operational status of the instant medical care center is a sanatorium for the elderly.