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(영문) 수원지방법원 평택지원 2018.10.02 2018가단2856
채무부존재확인
Text

1. From September 23, 2017 to December 18, 2017, the Plaintiff’s indemnity amounting to KRW 2,690,450 for medical expenses the Plaintiff received from the Defendant.

Reasons

1. Basic facts

A. B was hospitalized to the extent of one month from September 23, 2017, and received medical treatment from Pyeongtaek Masung Hospital. From October 26, 2017 to December 18, 2017, Cental Health Doctor was provided five times in the period from October 26, 2017, and received medical treatment at D Hospital on December 13, 2017. The Defendant assumed KRW 2,690,450 out of the above medical treatment costs.

B. In accordance with Article 58(1) of the National Health Insurance Act and Article 750 of the Civil Act, the Defendant filed a claim against the Plaintiff for payment of KRW 2,690,450, on the ground that the above treatment with respect to B was the treatment of injury caused by the Plaintiff’s assault on September 23, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 4, 5, and Eul evidence 4

2. It is not sufficient to acknowledge that the judgment on the cause of the claim was based on the evidence Nos. 1 through 7 alone, and there is no other evidence to acknowledge that there was an injury corresponding to the medical treatment provided by B due to the Plaintiff’s assault.

Therefore, from September 23, 2017 to December 18, 2017, the Plaintiff’s liability for reimbursement of KRW 2,690,450 to the Defendant does not exist.

3. citing the Plaintiff’s claim.

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