beta
(영문) 서울중앙지방법원 2018.07.20 2017나29797

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part against the plaintiff in the attached table of calculation of damages in the judgment of the court of first instance shall be replaced by the attached table of calculation of damages in the judgment of the court.

Under the fourth judgment of the court of first instance, one kind of “actual income of 498,104,640 won” has been raised as “actual income of 574,954,898 won”.

The 4,429,630 won "4,630 won" in the 5th judgment of the first instance court shall be used as "4,429,640 won", and the following shall be added at the bottom thereof:

(B) Of the reasoning of the judgment of the court of first instance, the Plaintiff claimed that KRW 6,04,627, total medical expenses, 680,00,000, and 1,743,500, and the purchase cost of medical supplies, were paid for each of the medical expenses after the date of closing the argument of the first instance court. ① First, the part concerning medical expenses of KRW 6,04,627, and KRW 6,04,627, and the victim who received insurance benefits under the National Health Insurance Act, filed a claim for damages against a third party against the victim, the amount of damages calculated first shall be deducted from the amount of damages, and the amount of insurance benefits shall be deducted from the amount of damages. In addition, when the victim received insurance benefits due to a third party’s tort by the National Health Insurance Act, the victim’s claim for damages against the third party shall be transferred to the National Health Insurance Corporation within the scope of such claim, and the amount of the victim’s claim for damages against the third party shall be reduced within the scope of the amount of the benefits of the victim’s.