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1. The Defendant’s KRW 23,187,940 for the Plaintiff and KRW 5% per annum from November 10, 2014 to May 20, 2016.
Reasons
1. Basic facts ① A, who entered into a mutual aid agreement with the Defendant, was driving a private taxi around 22:50 on November 9, 201 and proceeded along two lanes in front of the D gun company located in Seosan City, Seosan City, along the two-lanes of the D gun company located in Seosan City, and was negligent in neglecting the duty of Jeonju City, and caused E to suffer injury to E, such as an injury of having a external wound softened.
② On January 2, 2013, E received hospital treatment at a F Hospital, and from August 28, 2013 to September 30, 2014, G hospital, etc. As indicated in the attached Table, E was required for total of KRW 46,976,150 (=Plaintiff contributions 36,049,860 + 10,926,290 won + Defendant contributions) as stated in the attached Table. On March 31, 2014, the Plaintiff was claimed for KRW 4,97,750 out of the above amount.
③ Meanwhile, E filed a lawsuit against the Defendant seeking damages due to the foregoing accident with the Seoul Central District Court 2013Kadan221433. On October 24, 2014, E was sentenced to a judgment that limits the Defendant’s ratio of liability to 60%, and the said judgment became final and conclusive around that time.
[Ground of recognition] The items in Gap evidence Nos. 3, 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff asserted that the Plaintiff paid KRW 35,808,150 to the medical care institution for medical care benefits for E (in light of the Plaintiff’s evidence No. 8, this part of the amount of expenditure appears to be erroneous) and refunded KRW 2,068,640 to E on July 16, 2015. As such, the Defendant is obligated to pay KRW 32,879,040 remaining after deducting KRW 4,97,750 from the total amount of each of the above money of KRW 37,876,79,79,040 from the total amount of KRW 37,876,79,79.
B. In principle, medical care benefits under the National Health Insurance Act shall be provided in the form of spot benefits that provides medical care until the disease or injury is cured by a medical care institution. Therefore, when the insured is treated by a medical care institution, the insurance benefits are practically provided.