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(영문) 수원지방법원 2017.04.04 2016나50686
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

(e).

Reasons

1. Basic facts

A. The Plaintiff, a company established for the purpose of the automobile insurance business, etc., concluded a comprehensive automobile insurance contract with the content that the insured is D and the insurance period for C vehicles from April 19, 2014 to April 19, 2015.

B. D around July 29, 2014, around 21:30 on the 29th day of Gyeyang-gu, Manyang-gu, Manyang-gu, Seoul Metropolitan City: (a) Had the F, who was enjoying on the floor while operating the said vehicle.

(hereinafter “instant accident”). C.

The Defendant operated the H Hospital in Ansan-si G, and the F was diagnosed at the above hospital for approximately eight weeks of treatment, such as the right fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright, and was discharged on July 31, 2014 on December 20, 2014.

On July 30, 2014, the Plaintiff guaranteed the F’s obligation to pay medical expenses to the Defendant.

(hereinafter “this case’s payment guarantee contract”). / [Ground of recognition] The fact that there is no dispute, each entry of evidence Nos. 1, 2, 3, and 12, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion F did not have the upper part of the upper part of the upper part, due to the instant accident, and did not need to undergo a refratization to the human mission.

Nevertheless, the doctor belonging to the above hospital was satisfyed into the upper right satisfy and carried out satisfying of the human mission.

As a result, the Plaintiff paid 12,647,060 won in total to the Defendant according to the instant payment guarantee contract.

Therefore, the defendant refers to the right of a person who has repaid for the debtor the damage caused by negligence, such as mistake, or unjust enrichment or the right to indemnity, which was obtained without any legal ground, to a certain extent. It is not clear that the ground for the plaintiff's right to indemnity in this case is not clear.

For this reason, an amount equivalent to the above treatment costs shall be paid.

B. As to the claim for damages caused by the Defendant’s alleged tort, the above doctor of the hospital shall set to the right-hand side.

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