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(영문) 서울중앙지방법원 2015.08.12 2015나27339

손해배상

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

The reasons for the judgment of this court are the same as the reasons for the judgment of the first instance.

(The main text of Article 420 of the Civil Procedure Act). However, from the second third day of the first instance judgment, the following shall be followed:

3. The calculation of the present price at the time of the accident of the scope of damages liability shall be based on the discount method deducting intermediate interest at the rate of 5/12 per month, and it shall be rejected that the parties did not separately state their claims.

Plaintiff’s personal information date: B gender: The age of female accident: 39 years and 4 months;

(b) Wang medical expenses: Expenses borne by the Plaintiff: 4,01,293 won in total: 1,810,990 won medicine expenses: 2,084,253 won in the Central Hospital; 2,084,253 won in the event that the victim of the National Health Insurance benefits she received insurance benefits pursuant to the National Health Insurance Act due to an injury caused by a third party's tort, the National Health Insurance Corporation shall substitute and acquire on behalf of the victim the damage compensation claim of the victim within the scope of the relevant benefits;

In addition, where the negligence of the victim is concurrent in the occurrence of the damage, the amount of damages calculated first, set off by negligence, and the National Health Insurance Corporation, within the scope of the damage claim, shall acquire by subrogation the damage claim of the victim against the third party, so the damage claim against the third party shall be reduced within the scope of the damage claim (see, e.g., Supreme Court Decision 2002Da50149, Dec. 26, 2002): Total amount of KRW 820,564.

C. It is recognized that, as a result of the instant court’s physical examination commission for the head of the Cartol University Seoul National University, the Plaintiff’s treatment for the Plaintiff was completed, but it is better for the Plaintiff to receive additional rehabilitation treatment for up to three months and the cost was approximately KRW 5,40,00 (the date of reply is December 21, 201). However, since the Plaintiff appears to have not received additional treatment by the date of the closing of argument in the instant case for which the future treatment period expired, it is difficult to recognize the future treatment costs.