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(영문) 서울중앙지방법원 2014.04.16 2012가단249663
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In 2011, the Defendant guaranteed that the Plaintiff pay the medical expenses based on the criteria for medical fees covered by automobile accident insurance with respect to the automobile accident occurred at a discount store in Switzerland-si B on September 12, 2004, and notified the Plaintiff that the medical expenses for the vehicle accident patients are in accordance with the “standards for Medical Fees Covered by Automobile Accident Insurance”.

B. The Plaintiff diagnosed A as a type 1 of the Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madio (A)

7. 27. Each of the 27. Woman Doctrine inserted formula was implemented.

C. After paying to the Plaintiff KRW 11,786,320 for medical expenses related to the above surgery, the Defendant filed a petition for review of medical fees with the instant deliberation council in accordance with Article 19(1) of the Guarantee of Automobile Accident Compensation Act.

On March 15, 2012, the instant deliberation council rendered a decision that “the Plaintiff shall pay KRW 11,786,320 to the Defendant for the same reasons as the attached Form.”

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, and the purport of the whole pleading

2. The assertion and judgment

(1) Article 12 (1) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Act”) (1) In cases where an insurer, etc. becomes aware of the occurrence of a traffic accident patient due to a policyholder, etc., or the victim’s request under the latter part of Article 10 (1) or any other cause, the insurer, etc. shall immediately notify the medical institution that treats the relevant motor vehicle accident patient of the intention to pay for motor vehicle insurance medical fees and the payment limit thereof.

(2) The medical institution which has been notified by the insurer, etc. of its intent to pay motor vehicle insurance medical fees under paragraph (1) may file a claim with the insurer, etc. for motor vehicle insurance medical fees in accordance with standards publicly notified by the Minister

Article 15 (Motor Vehicle Insurance Medical Fees, etc.)

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