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(영문) 서울고등법원 2019.01.10 2017나2027417
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant D was changed to the name of the hospital in Songpa-gu Seoul Metropolitan Government (after that, the name of the hospital was changed to the H hospital) from December 2010, as a medical specialist outside the hospital.

hereinafter referred to as “instant hospital”

(2) On December 23, 2013, Defendant Insurance Company concluded a medical and hospital liability insurance contract (hereinafter “instant insurance contract”) with respect to medical accidents that occur at the instant hospital on December 23, 2013 as follows.

(A) The insurance period is the insurer that entered into the insurance contract of this case. The insurance period is from December 23, 2013 to December 24:00 to December 23, 2014) the amount of damages, non-compensation damages, insurance proceeds, etc. covered by the insurance contract of this case (hereinafter “instant terms and conditions”).

(1) The term "general terms and conditions of liability insurance for doctors and hospitals" are as listed in the following table. [Article 10 (Damage to Compensation) of the General Terms and Conditions of Liability Insurance for Medical Doctors and Hospitals] ① Company (Defendant Insurance Company;

In accordance with the terms and conditions of this Agreement and the provisions of the special terms and conditions attached thereto, the insured (the instant hospital) shall compensate for the following losses suffered by the insured (the instant hospital) filed a claim for damages with others for an accident falling under the coverage clause during the insurance period, and bear legal liability. 1. The insured (the insured) shall be liable for statutory damages to be paid to the victim.

2. The following expenses disbursed by the contractor or the insured:

(a) A cost which is necessary or has been beneficial to the insured in order to prevent or mitigate loss under Article 24 (1) 1;

(b) Expenses incurred or beneficial to be incurred by the insured in taking measures referred to in Article 24 (1) 2;

(c) Costs of lawsuit, attorney's fees, expenses for arbitration, reconciliation or mediation paid by the insured;

(d)deposit guarantee insurance premiums for an amount within the maximum amount of compensation stated in the insurance policy (insurance policy), however, that company shall be the company;

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