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(영문) 인천지방법원 2017.01.10 2016나61108
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Facts of recognition;

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

The defendant is a trade name B's employer who employs Chok as a daily allowance and works for Chok C.

D is the insured of the health insurance conducted by the plaintiff, who is injured by the following accidents:

B. D) Around 08:00 on August 20, 2012, 2012, the Plaintiff sustained the injury of “the open top, etc. of the area below that of the following bridge known at the time of the accident” by having the launch of C Driving, which was laid under the ground through the decline path while taking a rest in the underground of the Dongjak-gu Seoul Metropolitan Government Labor Market (hereinafter “instant accident”).

C. D In the instant accident, at the Central University Hospital, which was a medical care institution, repeatedly received medical treatment by repeating entry and discharge from the hospital from August 20, 2012 to October 22, 2012. The total amount of medical expenses incurred during that period was KRW 16,769,152 as indicated in the following table:

The amount of item 8,735,930 won for the Plaintiff’s total medical expenses of KRW 8,820,448 (i.e., KRW 16,769,152 - KRW 2,781,760 - 5,166,944), but according to the Plaintiff’s assertion and evidence No. 1, the Plaintiff’s actual expenses of KRW 8,735,930 for the Plaintiff’s total medical expenses of KRW 8,735,930, which is recognized to the extent of this amount.

Victim's principal's charges of KRW 2,781,760, the total of KRW 5,166,94, the total of KRW 16,769,152

D. During the treatment period of D above, the Defendant paid the victim’s principal and non-benefit treatment expenses to the Central University Hospital in lieu of D, and paid KRW 2.4 million out of the Corporation’s charges to the Plaintiff. On November 2012, the Defendant agreed on the injury caused by the instant accident with D and paid KRW 15 million with the agreed amount.

E. On the other hand, the Plaintiff.

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