손해배상(기)
1. The judgment of the first instance, including any claim that has been reduced and added by this court, shall be modified as follows:
1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, except for the case brought by the court of first instance to the court of first instance as set forth in the following 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
2. The part of the judgment of the court of first instance, which was accepted, shall be deemed to have been sufficiently recognized, and each of the statements in the evidence Nos. 2, 3, 4, 7 and 12, shall be deemed to have been insufficient to reverse the above recognition, and there is no other counter-proof.”
The part of the first instance judgment’s “4. The scope of liability for damages” is as follows.
4. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, but less than KRW 1 shall be discarded;
At the time of the accident, the current price calculation shall be made in accordance with the door-based calculation method that deducts interim interest calculated at the rate of 5/12 per month as a single interest.
It is rejected that the parties' arguments have not been separately explained.
When a victim who received insurance benefits under the National Health Insurance Act claims for damages against a third party, if the victim's negligence competes with that of the third party, the amount of damages calculated first shall be offset by negligence, and the insurance benefits shall be deducted from the amount of damages, and even if the victim voluntarily deducted the insurance benefits, the amount of damages subject to such comparative negligence shall be included in the amount of damages.
(see Supreme Court Decision 2010Da2428, 2435, Jul. 15, 2010). Therefore, the amount remaining after deducting the total amount of medical expenses borne by the National Health Insurance Corporation from the amount calculated by multiplying the total amount of medical expenses borne by the victim and the medical expenses borne by the National Health Insurance Corporation by a third party, by the ratio of liability of the third party.
(Supreme Court Decision 2014Da68013, 68020 Decided February 12, 2015). A, Articles 4, 8 through 15, respectively.