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(영문) 서울중앙지방법원 2015.10.29 2014가단5260560
구상금
Text

1. The Defendant’s KRW 18,221,883 as well as the Plaintiff’s annual rate of 5% from November 1, 2012 to October 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who entered into an insurance contract with A for B automobiles, and the Defendant is a medical corporation that establishes and operates the Seongdong-gu Incheon Metropolitan Government Hospital (hereinafter “Defendant Hospital”).

B. At around 15:20 on August 10, 2012, A, while driving the said car and making a left turn from the private distance near Seo-gu, Incheon, Seo-gu, Seo-gu (hereinafter “the accident in this case”), he shocked on board the network C (D students, male, and the network (hereinafter “the network”) (hereinafter “the accident in this case”), which was in operation, and accordingly, the deceased suffered from the cutting-up of the upper left-hand body, the left-hand aggregate, the left-hand aggregate, the right-hand aggregate, etc.

C. The Deceased was transferred to the Defendant Hospital immediately after the instant accident, and was carried out as sporadic and anti-sporadic and anti-sporadic and anti-spodic and anti-spodic and anti-spodic and anti-spodic and anti-spodic and anti-spodic and anti-spodic and anti-s

On August 14, 2012, the Deceased died from low-blood shocks and cardiopulmonary resuscitations around 01:30.

E. On October 19, 2012, the Plaintiff, as an insurer, paid KRW 4,851,620 to the Defendant for the medical expenses of the Deceased, and KRW 55,887,990 to the bereaved family members of the Deceased for the medical expenses of the Deceased and the damages caused by the instant accident on the 31st of the same month.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that, even though the Deceased was on credit due to the instant accident, but the degree of such injury was not much serious, the Defendant hospital’s negligence occurred due to the Defendant hospital’s medical personnel’s death, and thus, the Plaintiff sought reimbursement of KRW 42,517,727 equivalent to 70% of the amount of damages paid by the Plaintiff for indemnity.

In regard to this, the Defendant’s hospital is deemed to have died due to the diversification of dives and the subsequent mergers under the condition that the Deceased was suffering from an old age, and the Defendant hospital is in the treatment of the Deceased.

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