부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. The reasons why the court should explain this part of the facts of recognition are as follows: “43,98,660 won” in the 5th sentence of the first instance judgment; “41,450,270 won” in the 5th sentence of the first instance judgment; and “1......... facts of recognition” in the 5th sentence and the 10th sentence are as stated in the 5th sentence of the first instance judgment, except for adding the following descriptions to “41,450,270 won” in the 5th sentence of the fifth judgment
- - The following:
I. In the instant lawsuit, 106,193,386 won is calculated by adding 20,000 won to consolation money, which is the sum of KRW 224,140,057 as well as KRW 36,182,253 as well as property damage amount of KRW 60% recognized as the Defendants’ liability ratio among the total property damage amount of KRW 224,140,057 as well as KRW 36,182,253 as agreed upon by the Defendants.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant disability suffered by B was concurrent between the instant traffic accident and the Defendants’ medical negligence, but the Plaintiff, who was unaware of the Defendants’ medical negligence, paid 41,364,810 won to the Defendant Hospital for the medical expenses of the Defendant Hospital (=25,769,139 won for rehabilitation medical treatment and treatment expenses KRW 6,072,49). Of these, 31,841,629 won for the medical expenses of the Defendant Hospital (i.e., 25,769, 139 won for rehabilitation medical treatment and treatment expenses KRW 6,072,490 for the medical expenses of the instant traffic accident and the Defendants’ medical negligence. Thus, the Defendants jointly and severally paid 19,104,977 won for the medical expenses equivalent to 60% of the Defendants’ medical negligence (=31,841,629 won x less than 60%,
(2) In addition, the Plaintiff paid KRW 70,000,000 of insurance money under the pretext of agreement, including damages for losses, such as lost income, future treatment expenses, consolation money, etc., without knowing that the instant disability suffered by B was caused by the Defendants’ medical negligence.