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(영문) 서울중앙지방법원 2017.08.09 2013가단293797
채무부존재확인등
Text

1. The Plaintiff (Counterclaim Defendant) received medical expenses from Nonparty A, a traffic accident patient, from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 9, 2011, while driving an Ortoba, A was affected by a traffic accident that conflicts with B insured against in the Defendant’s automobile insurance (hereinafter “instant accident”), and filed an appeal for severe pains by both sides, following the mination of the balone salone of both sides, the balone of both sides, the balone of the 1stralone balone of the upper left balone, the 4, and the 5ndralone of the upper left balone, the upper part of the upper part of the balone, the upper part of the upper part of the balone balone, the upper part of the upper part of the balone, the damage to the upper part of the upper part of the balone balone, the upper part of the balone falone, the balralrosis of the upper part of the upper part of the upper part of the body.

B. A, in order to treat the foregoing pain, at the anesthesia department at the National University Hospital on May 23, 2012, he/she was conducted with the surgery of anesthesia surgery on June 13, 2012, the self-galutism surgery on June 13, 2012, and the galutism surgery on July 9, 2012, but applied to the Plaintiff Hospital on July 27, 2012.

C. The medical personnel of the Plaintiff hospital conducted the multiple pain Card (CRPS) diagnosis and psychological examination with respect to A while providing pain treatment to A, and conducted a diagnosis with respect to A as to whether A constitutes the Complex Trackosis, and conducted a therapy on December 14, 2012 by treating pains (hereinafter “instant surgery”).

The defendant, as the insurer of the vehicle B, guaranteed that the plaintiff hospital pay A medical expenses.

Plaintiff

A hospital filed a claim with the Defendant for KRW 14,706,30,00 in total, including KRW 1,969,420 on January 8, 2013 and KRW 12,736,880 on January 29, 2013; however, the Defendant filed a claim against the Defendant for KRW 1,575,530 on January 31, 2013 (the amount claimed on January 8, 2013) and KRW 10,189,50 in total (the amount claimed on January 29, 2013) and KRW 11,765,030 on the part claimed on January 29, 2013 (the amount claimed on January 29, 2013) (hereinafter referred to as “Council”).

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