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(영문) 전주지방법원 2013.06.19 2012구합3627
부당이득금환수(납입)고지처분취소
Text

1. The plaintiff A among the instant lawsuit is dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. Plaintiff A is a national health insurance policyholder, and Plaintiff B is the father of Plaintiff A who is the insured of national health insurance.

B. On April 21, 2006, Plaintiff B was injured due to an accident of shocking up to 1 ton of the D1 ton cargo vehicles driven by C (hereinafter “the instant traffic accident”), which occurred while crossing the instant secondary line road at the Don-ri Trust Ri, Sam-gun, Suwon-gun, Suwon-gun, Suwon-gun, Busan, on April 21, 2006.

C. On May 3, 2007, Plaintiff A, his father, on behalf of Plaintiff B, made an agreement with LIG Damage Insurance Co., Ltd. (hereinafter “instant insurance company”), which is a comprehensive motor vehicle insurance company that purchased the said car on behalf of Plaintiff B, to pay KRW 115 million (hereinafter “the agreement of this case”) under the following terms, where Plaintiff B, as compensation for damages caused by the instant traffic accident, offsets his fault by 30% from the instant insurance company, and deducts KRW 18,900,000 from the amount appropriated for the medical expenses, and was paid with all of the instant agreements.

Plaintiff

B At the time of receiving the above insurance money from the insurance company of this case, B promises to waive all rights related to the traffic accident of this case and not to raise any objection or lawsuit under the civil law.

The total amount of the agreed amount shall be KRW 15 million.

The amount by item of KRW 115 million is KRW 18,90,00 for the term payment of KRW 11,973,486 for future treatment expenses, KRW 51,365,971 for nursing expenses, KRW 29,263,027 for the benefit of the loss of disability, KRW 8,297,516 for the benefit of the loss of disability, KRW 33,00,00 for the benefit of the disability.

After that, Plaintiff B received treatment from May 4, 2007 to May 10, 2008 after being hospitalized in E Hospital, and then received treatment, KRW 27,948,730 from the treatment costs, the remainder of KRW 9,250,930 from the treatment costs, the Defendant paid the insurance benefits. From May 10, 2008 to June 30, 2012, the Plaintiff B received treatment by being hospitalized in F Hospital; and KRW 23,946,670 from the treatment costs; and KRW 81,046,460 from the treatment costs.

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