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(영문) 수원지방법원 2020.11.25 2019나95260
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit public-service corporation established under the National Health Insurance Act to manage and operate health insurance for the prevention, diagnosis, and medical treatment of, and rehabilitation from, diseases and injury and for childbirth, death, and improvement of health, and C is a national health insurance policyholder.

B and the Defendant concluded the “E Insurance Contract” (hereinafter “instant insurance contract”) to compensate for damage to a third party due to an unexpected accident between D and D in daily life.

B. On September 14, 2014, at around 10:30 on September 14, 2014, C suffered injury, such as “the open room for the following arms and other parts,” and “an open room for the parts of losses and losses,” etc., to the spawns raised D at the D’s house located in F of Incheon Strengthening-gun (hereinafter “instant accident”).

C. In the instant accident, C received medical treatment at G hospital, H hospital, etc., and the Plaintiff paid KRW 1,400,400 out of the medical expenses from September 14, 2014 to December 18, 2014 for C (hereinafter “instant medical expenses”) to the said medical care institution as insurance benefits.

On the other hand, B paid KRW 700,200 to the Plaintiff regarding the instant accident on September 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the accident of this case occurred by the dog possessed by D, and the defendant is liable to compensate for the damages suffered by C due to the accident of this case according to the insurance contract of this case.

Therefore, the defendant is liable to pay the part of the above medical expenses that the plaintiff bears to the plaintiff, which was acquired by subrogation of the defendant in accordance with Article 58 (1) of the National Health Insurance Act.

Meanwhile, the fact that B paid KRW 700,200 to the Plaintiff out of the medical expenses that the Plaintiff had borne is as seen earlier.

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