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(영문) 서울북부지방법원 2019.07.11 2018나33938
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the National Health Insurance Act that manages and operates health insurance for the prevention, diagnosis, and medical treatment of, and rehabilitation from, the disease and injury of the citizens, as well as for childbirth, death, and health promotion, etc., and C is a national health insurance policyholder; Defendant A is a person who operates the “E Coina” located in Dongdaemun-gu Seoul Metropolitan Government D (hereinafter “instant Coina”); and Defendant B Co., Ltd. (hereinafter “Defendant B”) is an insurance company that Defendant A purchased business liability insurance.

B. C around 14:00 on April 14, 2014, 2014, was treated at the F Hospital or Glymar medical clinic as it was sleeped in the instant so that it sustained salt, tensions, etc. (hereinafter “instant accident”), on the same day, and received treatment from the F Hospital or Glymar medical clinic.

On May 30, 2014 and June 3, 2014, the Plaintiff paid KRW 693,200 out of total medical expenses of KRW 955,40 on two occasions to each of the above medical care institutions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion neglected the duty of management to prevent water from the floor of the instant rain or the escape room, and thereby, the Defendant and C, the user of the instant rain or the escape room, suffered bodily injury. As such, the Defendants are liable to compensate for damages arising therefrom, and the Plaintiff, upon receiving the insurance benefit, subrogatedly acquired the damage claim that C has against the Defendants within the scope of the expenses for benefits. Thus, the Defendants jointly and severally pay to the Plaintiff KRW 693,200 and the delay damages therefrom.

B. The Defendants’ assertion 1 C does not have been affected by the fall of the water source of the floor of the instant rain or the escape room, and even if so, it is inevitable to have water source on the rain or the floor, so it cannot be said that the instant rain or the escape room lacks ordinary safety, and thus Defendant A’s negligence is recognized.

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