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(영문) 울산지방법원 2016.02.03 2015나20612
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Liability for damages and occurrence of the right of indemnity;

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 6.

(1) The Plaintiff is an insurer of the health insurance that provides citizens with insurance benefits for the prevention, diagnosis, and rehabilitation of disease and injury, for childbirth death, and for improvement of health pursuant to the National Health Insurance Act. A is the insured of the health insurance conducted by the Plaintiff, and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract for CDap car (hereinafter “automobile”).

(2) On March 25, 2012, B around 06:55, when driving the instant car, and driving the instant car, in violation of the signal from the first apartment of Ulsan-gu, Ulsan-do, U.S., U.S., U.S., U.S., U.S., the first apartment of Ulsan-gu, U.S., U.S., to the front apartment of U.S., the first apartment of U.S., and the left-hand turn, the car of A’s driver, who was directly in accordance with F.S., was collisioned with the instant car.

(hereinafter) (3) A, as a result of the instant accident, was treated and prescribed in an E hospital, F pharmacy, etc. during the period from April 26, 2012 to July 18, 2012, after suffering from injury, such as external wounds, etc., on the part of the 5th and 6th police stations, due to the instant accident, and the Plaintiff paid KRW 2,421,720 in total to each of the relevant medical care institutions as medical care benefits during the period from July 4, 2012 to September 4, 2012.

B. According to the above facts of recognition, the defendant is the insurer B, who is the operator under Article 3 of the Guarantee of Automobile Accident Compensation Act, and is liable for compensating for the damages incurred by A due to the instant accident pursuant to Article 724(2) of the Commercial Act. The plaintiff is liable for compensating for the damages incurred by A due to the instant accident, and the plaintiff is liable for compensating for the damages incurred by A pursuant to Article 58(1) of the National Health Insurance Act

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