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(영문) 광주지방법원 2018.10.17 2018가단505928
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. C On January 15, 2017, at around 10:50, 10:50, driving a four-wheeled Roba, and driving a four-wheeled road in front of the D Village in the Jeonnam-gun-gun-gun, for a left-hand turn from the village to Erhys, such as an indication at the scene of the accident, C conflicts with the G low-speed vehicle of the F Driving, which is proceeding on the left-hand side of the Mababa, to turn to the Ehys.

B. The place where the accident occurred is the place where C is prohibited from making a left-hand turn to the road at which the center line of the real line is left.

H, who was on the road in the above Obama due to the traffic accident, was killed on the road, resulting in an injury, such as an external wound, and an injury to the blood, etc.

H is C’s spouse.

C. From November 22, 2017, the Plaintiff, as an insurer of the health insurance under the National Health Insurance Act, paid KRW 65,355,840 as insurance benefits, the sum of the medical expenses for the 590-day period during which H, a subscriber to the National University Hospital, etc. received treatment due to the said traffic accident.

Meanwhile, the sum of the medical expenses directly paid by H to the above hospital, etc. is KRW 17,39,610.

The defendant is the insurer who has entered into an automobile comprehensive insurance contract with I for the above low-priced vehicles, and I is the spouse of F.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) Although it was sufficiently anticipated that pedestrians and the two-wheeled cars, etc. could cross the road, F, a driver of the low-wheeling vehicle, caused the accident by failing to perform the obligation to view and temporarily suspend the road. Therefore, the Defendant, as the insured F, is obligated to pay the Plaintiff, who acquired the H’s right to claim damages by subrogation pursuant to Article 58(1) of the National Health Insurance Act, with the amount borne by H’s medical expenses (i.e., KRW 82,75,455,840 (= KRW 65,35,840), and the total medical expenses amount of KRW 17,39,610 (= KRW 65,35,39,610). Considering the negligence and the degree of contribution of H, the actual amount of damage shall be calculated as KRW 28,964,400 (=82,7555,450 x 70%).

However, it is below the Guarantee of Automobile Accident Compensation Act.

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