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(영문) 광주지방법원 2016.12.30 2015가단503969
채무부존재확인
Text

1. The Plaintiff’s review and determination of each of the motor vehicle insurance medical fees council dated January 15, 2015 against the Defendant is based on the review and determination.

Reasons

1. Basic facts

A. On October 7, 2007, A suffered a traffic accident (hereinafter “instant accident”) by the Defendant’s insured vehicle in the vicinity of the cultural history of the Dong-dong, Gwangju-gu, Gwangju-gu, and suffered brain-dead sugar, Gyeong-gu, Gyeong-gu, and the left-hand pelkes.

B. A was hospitalized in the YA Hospital operated by the Plaintiff (hereinafter “Plaintiff Hospital”) from January 20, 201 to March 4, 2011 for the purpose of treating injury inflicted by the instant accident, and continued to receive medical treatment from April 1, 2011 to June 30, 2013.

C. On January 21, 2011, the Defendant guaranteed the Plaintiff’s payment guarantee for medical expenses whose proximate causal relation with the instant accident was based on the payment guarantee limit for A’s medical expenses. D.

1) The Plaintiff hospital filed a claim with the Defendant for the fee of operating car insurance as described in the following table after the completion of the Plaintiff hospital’s medical treatment, but the Defendant is the Motor Vehicle Insurance Medical Fee Dispute Council (hereinafter “Council”).

(2) On January 15, 2015, the Council filed a request for review of medical expenses and did not pay part of the above claim amount. (2) On the grounds that there was no connection with the instant accident, etc., the Council rendered a review and determination with the purport that the Plaintiff would return the sum of the medical expenses indicated in the “return Determination Amount” column of the following table to the Defendant, and that the Plaintiff would pay KRW 1,097,840 to the Defendant for review fees (hereinafter “instant review and determination”).

Of the amount claimed as of the filing date of a request for examination, the amount claimed as medical expenses shall be 819,630 won on December 12, 201 5,494,320 won, 5,494,320 won, 1,974,580 won on December 7, 2011; 7,41,970 won 7,41,970 won on December 7, 201; 3,620,180 won; 1,459,210 won on March 9, 2012; 3,684, 230 won; 5,684, 230 won; 230,132,8408, 8408, 940 won on March 9, 201, 205; 305,300 won on May 39, 2011; 305 won;

E. Determination of the instant case

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