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(영문) 서울고등법원 2016.05.12 2015나2038680

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff KRW 874,167,33.

Reasons

. Upon receiving insurance benefits under the National Health Insurance Act, the National Health Insurance Corporation's subrogation and acquisition of the victim's damage claim within the limit of the amount of damages, and the National Health Insurance Corporation's subrogation and acquisition of the victim's damage claim within the limit of the amount of damages calculated earlier. Thus, the victim's damage claim against the third party shall be reduced within the limit of the amount (see Supreme Court Decision 2002Da50149, Dec. 26, 200). The plaintiff's total amount of 135,680,098 medical expenses (including the amount of insurance benefits under the National Health Insurance Act)'s total amount of KRW 208,270,000, KRW 2970, KRW 207, KRW 279, KRW 208, KRW 27967, KRW 270, KRW 279, KRW 2796, KRW 2797, KRW 2796, KRW 2786,2786,27975,27676, etc.

The plaintiff's damage claim amounting to 67,840,049 won (135,680,098 won x 0.5) of the insurance benefits acquired by the National Health Insurance Corporation by subrogation of the plaintiff does not exceed 87,407,665 won. Thus, the plaintiff can seek against the defendant.