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(영문) 서울남부지방법원 2018.12.06 2018가단204200
용역비
Text

1. The Defendant’s KRW 1,274,90 for the Plaintiff and 5% per annum from November 1, 2015 to June 26, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an educational foundation that operates the Korea Forestry University East Asian Hospital (hereinafter “Plaintiff hospital”). The Defendant is the insurer of the vehicle who is obligated to pay medical expenses in relation to the non-party A patient who was treated at the pertinent Plaintiff hospital.

B. On July 31, 2015, A (B) suffered from a traffic accident on the pedestrian and received treatment at the Plaintiff’s hospital by not later than October 30, 2015, 12 weeks of 12 weeks, such as chest 8,9, scarcity 8,00 and scarcity 8,000, external cerebral typosis, multiple typosiss, and dukes, etc.

Plaintiff

Medical personnel of the hospital used the same pelobone as a structural substitute (Albone: cancllous Crused) and deorganic structural aggregate (DBM) in order to treat A's structural frame together.

C. However, according to the “Standards for Guarantee of Automobile Accident Compensation Act” and the “Standards for Motor Vehicle Insurance Medical Fees” publicly notified by the Minister of Health and Welfare under the National Health Insurance Act when paying the Plaintiff medical fees, the Defendant did not pay only the treatment costs of the same kind as the above, and did not pay KRW 1,274,90 to the Plaintiff, on the ground that the treatment costs of the s

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 8, the purport of the whole pleadings

2. The victim of a traffic accident is entitled to compensation for the actual amount of damages within the extent of proximate causal relation with the illegal act as a result of the determination of the cause of the claim. As such, medical expenses for the pertinent treatment act shall be reasonably determined in consideration of all the circumstances, such as the degree of injury, treatment details, frequency of treatment, and medical insurance fees, such as the level of general medical expenses of the society. On the other hand, the motor vehicle insurance medical fees standard has meaning as a standard for guaranteeing appropriate medical treatment for the motor vehicle accident patients and preventing disputes over the medical expenses for the patients

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