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(영문) 전주지방법원남원지원 2019.10.02 2017가단11200
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

The Defendant is an insurer which has concluded an automobile damage liability insurance contract with respect to the automobile owned by the limited liability company C (hereinafter “automobile in this case”).

B. On May 11, 2016, E driven a Fmotor bicycle (hereinafter “the instant motorcycle”) around 15:00, and received the rear part of the right side of the instant vehicle, which was driven by G while entering the front road of the Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, Dongpo-gun, in order to go to the right side of the instant vehicle, at the seat of the Dongpo-gun, in order to go to the right side of the Dongpo-ri road.

(hereinafter referred to as “instant accident”). E suffered from an injury, such as light-to-air transfusion, which has no wound in the two opens of the said accident.

C. As a subscriber of the National Health Insurance, E treated the above injury at the Jeonbuk University Hospital, etc., and the Plaintiff, as an insurer of the National Health Insurance, bears 53,733,660 won, excluding the E himself/herself, out of the costs of the above medical care

[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Eul 1, Eul 2, 5, and 6 evidence (including provisional numbers; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The summary E of the cause of the claim asserted by the Plaintiff was injured by the instant accident, and thus, the Defendant, the insurer who concluded the automobile damage liability insurance contract for the instant passenger car, had considerable damage liability, such as medical expenses.

The plaintiff may exercise the right of subrogation of damage claim against the defendant of E within the extent of insurance benefits under Article 58 (1) of the National Health Insurance Act.

Therefore, the defendant shall pay to the plaintiff the full amount of 53,733,660 won for the medical expenses paid by the plaintiff within the scope of the damage claim of the plaintiff.

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