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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
The plaintiff is a juristic person established under the National Health Insurance Act that manages and operates health insurance for the prevention, diagnosis, and medical treatment of, and rehabilitation from, diseases and injury and for childbirth, death, improvement of health, etc. of citizens, and non-party D is a national health insurance policyholder.
Around July 14, 2012, the Defendant entered into a comprehensive insurance contract (hereinafter referred to as “instant insurance contract”) with the content that the Defendant compensates for the damages within KRW 100 million in the event that the damages were inflicted on any other person during the possession, use, or management of the aquatic rescue organization as the insured.
Insurance period: From July 14, 2012 to July 14, 2013: The limit on the basic coverage for the compensation of Defendant C (E) leisure watercraft: KRW 100 million is a person who engages in aquatic leisure business at a mooring place within the boundary of the F beach E at the Busan-gun Coastal Beach.
D On July 28, 2012, around 14:40, at around 14:50, when C was on a water-obane operated by C, but at around 14:50, C was faced with an accident falling on the wind that C operates a speed pedal (hereinafter “instant accident”), and thereby, C was injured by “damage to the workplace where C is on an open floor within the river.”
D due to the instant accident, from October 16, 2012 to May 21, 2013, G hospital, H hospital, and I pharmacy, etc., the Plaintiff received treatment as indicated in the separate sheet of calculation of damages, as stated in the separate sheet of calculation of damages. The Plaintiff paid each medical care institution KRW 24,926,200 out of the total medical expenses.
From August 17, 2012 to April 8, 2013, the Defendant paid KRW 23,017,207 to D’s father on five occasions, and paid KRW 76,982,793 on December 30, 2013 to D and paid KRW 100 million to D.
[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, judgment of the purport of the whole pleadings, liability for damages as a whole, and the underlying facts of the occurrence of the right to indemnity, the accident of this case by the co-defendant C in the first instance trial.