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(영문) 창원지방법원 2018.04.20 2017나54194

손해배상(산)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following “the part of dismissal or deletion of 2.0”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The part to be removed or removed is that “65,532,930 won” is “64,532,930 won” in the third 20th 20 of the judgment of the court of first instance.

The term "113,857,423 won" in the 14th sentence of the first instance judgment shall be "13,857,432 won".

The 10th to 10th of the first instance judgment are as follows.

2) G Hospital, etc. (1) G Hospital, etc.: G Hospital: KRW 12,723,978 (2) Gsan National University Hospital: KRW 4,370,420 of the total medical expenses of KRW 26,657,520 of the hospitalization expenses of KRW 22,219,440 of the total medical expenses of KRW 26,657,520, and KRW 67,650 of the medical expenses of July 10, 2012; however, the Defendant appears to have claimed KRW 67,650 of the medical expenses of KRW 67,660 as indicated in the evidence No. 4-2 of the evidence No. 4-2 of the evidence No. A, but to have been paid directly by NFFC to the above hospital, this is excluded from the calculation details.

Meanwhile, the Defendant asserted to the effect that NFF paid KRW 267,680 on September 29, 201, KRW 323,970 on October 15, 201, KRW 55,000 on September 21, 201, KRW 798,206 on July 20, 201, and KRW 207,020 on August 13, 2012, upon the claim for reimbursement of the Korea Workers' Compensation and Welfare Service, the Defendant paid KRW 2,140,340 on February 27, 2012 to the Corporation at the request of the Korea Workers' Compensation and Welfare Service, and that each of the above amounts should be excluded from the calculation of the estimated medical expenses. However, the Defendant’s evidence submitted by the Defendant alone alone is insufficient to acknowledge that each of the above amounts was included in the calculation of the medical expenses sought by the Plaintiff, and there is no reason to deem it otherwise.

(4) Total amount: KRW 21,542,11 (i.e., KRW 12,723,978 Won 12,723,978 Won 4,370,420) / Where there is no dispute, evidence No. 7-1, evidence No. 7-2, and evidence No. 4-3 and the purport of the entire pleadings of the first instance judgment.