The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. Article 10 (Compensation for Loss) ① Company is bound to compensate for the following losses sustained by the insured for legal liability upon filing a claim for damages with others due to an accident falling under the coverage clause during the insurance period, in accordance with the provisions of this Clause and the provisions of the special terms and conditions attached thereto, within the coverage area of the insurance policy (insurance policy).

1. Legal damages that are liable for the insured to pay to the victim;

2. The following expenses disbursed by the contractor or the insured:

(a) Expenses disbursed or beneficial to be disbursed by the insured in order to prevent or mitigate loss referred to in Article 24 (1) 1;

(b) Expenses incurred or beneficial to be incurred by the insured in taking measures referred to in Article 24 (1) 2;

(c) Costs of lawsuit, attorney fees, arbitration, reconciliation, or mediation paid by the insured. Article 24 (Duty to Prevent Loss) ① When an insured incident occurs, the contractor or the insured shall:

1. Making efforts to prevent or mitigate damage (including first aid, emergency aid, or other emergency measures for a victim);

2. In the case of being able to receive damages from a third party, the measures necessary to safeguard or exercise that right shall be taken;

3. Where payment, approval or settlement is made with respect to all or part of the liability for damages, or a lawsuit, arbitration, arbitration, or mediation is made or a motion is sought, an accident referred to in Article 47 (accident) of the date the company obtains prior consent from the company, which is covered by the General Clause of Article 10 (Compensation for Damages) of the General Provisions, which is covered by the company, is caused by negligence by a physical disability of another person (hereinafter referred to as “physical disability”) in connection with medical practice performed by the insured.