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(영문) 부산지방법원 2020.09.09 2019가합46783
손해배상(기)
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company running non-life insurance business, etc., and the defendant is a doctor in charge of the treatment and surgery in the white paper while serving as the representative director of the Duman department located in the Busan City City, Jin-gu, Busan.

B. The Plaintiff refers to a person who is stipulated as the insured in the insurance claim document (Evidence A to 5, 11) submitted by the Plaintiff, including E, 181 (hereinafter “instant patient”).

B In the event that each policyholder and the insured receive medical treatment by being hospitalized in the sick House as the insured, they concluded an indemnity medical expense insurance contract with the content that the amount of the medical expense is paid (hereinafter “each insurance contract of this case”).

C. From 2016 to 2019, the instant patients were hospitalized in the D Department and received treatment fees from the Defendant after being hospitalized in the D Department for treatment in the lebane, and subsequently paid medical expenses to the Defendant. Accordingly, upon filing a claim with the Plaintiff for insurance money under each insurance contract of this case, the instant patients were paid insurance money for the items of the medical care benefits and non-benefit items under the National Health Insurance Act and the Medical Care Assistance Act under the National Health Insurance Act.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 3 through 5, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. In light of the Plaintiff’s assertion, the Plaintiff’s claim for actual expenses, which ordinarily classify the hospital treatment expenses and the hospital treatment expenses for each item of product to which the patient was admitted, and the hospital treatment expenses amounting to KRW 100,000 to KRW 500,00 for each item of product to which the patient was admitted. On the other hand, the hospital treatment expenses guarantee an amount equivalent to KRW 80-100 of the amount

However, the defendant can claim siren costs because the instant surgery falls under de facto climatic alcohol.

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