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(영문) 의정부지방법원 2017.06.29 2016나53993
구상금
Text

1.The judgment of the first instance, including a claim expanded and reduced in this Court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. Under the National Health Insurance Act, the Plaintiff is a non-profit public interest corporation established to manage and operate health insurance for the prevention, diagnosis, and medical treatment of, and rehabilitation from, the disease and injury of the citizens, and for childbirth and death, and for the promotion of health, and B is a policyholder who has purchased the Plaintiff'

Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into a contract with Defendant A, the wife of Defendant A, for daily life compensation liability insurance with the maximum amount of compensation KRW 100 million.

B. At around 19:40 on September 20, 2014, Defendant A along the 120-lane, on a bicycle riding and driving along the road front of the 120-lane, Seoyang-gu, Busan Metropolitan City (hereinafter “instant road”) on the port side with the mountain-do road located on the right side of the central line from the port side to the side side of the two-lane.

However, in order for B to avoid a conflict with the above bicycle, he was injured by a sudden broke in order for B, who was driving a Madtoba, driving a Mademba, and driving a Mademba, and driving a Mademba and driving a Mademba, and driving a Mademba in order to avoid a conflict with the upper right side of the central line, and resulting in injury to B, such as the mouth, closure, etc. of the ma

(hereinafter referred to as “instant accident”) C.

In the instant accident, B received medical treatment from September 20, 2014 to December 6, 2016 at the Incheon National University Mangsan Hospital, etc., and for B, the Plaintiff paid KRW 5,762,900, excluding KRW 3,881,610, out of the total medical expenses from February 23, 2017, the Plaintiff paid KRW 9,64,510, excluding KRW 3,881,61,610.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 9, Eul evidence 1 to 4, video (including serial numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the occurrence of liability for damages and the recognition of the acquisition of the right to indemnity, the instant accident is assessed against Defendant A.

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