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(영문) 춘천지방법원 2018.12.04 2017나54675
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

Basic Facts

The plaintiff is an insurer of national health insurance that provides citizens with insurance benefits for disease, injury, prevention, diagnosis, medical treatment, rehabilitation, childbirth, death, and improvement of health established pursuant to the National Health Insurance Act. A who is a party to an accident is a national health insurance policyholder.

Defendant Han-gu Development Co., Ltd. (hereinafter “Defendant Han-do Development”) concluded an insurance contract with the content that Defendant Han-do Development Co., Ltd. (hereinafter “Defendant Han-do Development”) is a legal entity that establishes and operates the Lao Ballast Ski ground (hereinafter “the instant skiing ground”), and that Defendant Digital Non-Life Insurance Co., Ltd. (hereinafter “Defendant insurance company”) concluded an insurance contract with the content that Defendant Han-do Development is liable to compensate for damage to a third party due to an accident that occurred in the instant skiing ground.

A, around 14:35 on February 15, 2015, around 14:35, trying to avoid collision with other persons of Skids while getting Ski from the Ski ground of this case, the safety net was not installed.

(hereinafter “instant accident”). A received medical treatment as national health insurance by suffering from an injury, such as an injury of an external wound, which has no two wounds open to the instant accident.

A’s total medical expenses paid to a medical care institution due to the instant accident [15,043,590 won for insurance benefits = 10,889,190 won (Plaintiff’s charges of KRW 7,824,510 (3,064,680) for non-benefit treatment costs of KRW 4,154,40).

【In the absence of any dispute, the Defendants asserted by the parties to the allegations in Gap’s 8 through 11, and the purport of the entire pleadings are liable for damages suffered by Gap due to the instant accident, and the Plaintiff subrogated and acquired the damage claim that Gap has against the Defendants pursuant to Article 58(1) of the National Health Insurance Act.

The scope of the right to claim damages on behalf of the plaintiff is all paid by A to medical care institutions in the course of receiving insurance benefits with national health insurance.

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