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(영문) 서울중앙지방법원 2017.11.09 2017나51244
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasons for the judgment of the court of first instance are as follows: "No. 2, 2016.4.2" in Part 3 of the judgment of the court of first instance is as "No. 21, 2016.4.2"; "No. 5 witness I, J" in Part 7 is as " witness I, J. Professor"; "No. 6 inquiry inquiry inquiry reply to K Hospitals and L in this court's K Hospital and L" in the last part of the judgment of the court of first instance is as "the inquiry inquiry inquiry reply to K Hospital and L."; and No. 7, "the defendant's liability ratio shall be limited to 60%" in Part 13 through 14 is as stated in the judgment of the court of first instance, and the defendant's liability ratio is limited to 40%"; "no. 7.3.3.4.3."

2. Scope of liability for damages

A. The Plaintiff B’s assertion that the instant accident incurred the total amount of KRW 7,002,420,00 from the deceased’s medical expenses and aid equipment costs. The Defendants asserted that the National Health Insurance Corporation should deduct the amount equivalent to the damages claim acquired by subrogation within the scope of the Corporation’s shares. 2) If the victim received insurance benefits under the National Health Insurance Act due to a third party’s tort, the National Health Insurance Corporation shall substitute and acquire the damage claim of the victim to the extent of the amount of such benefits.

In addition, in the event the victim's negligence and susperium are concurrent in the occurrence of the damage, the National Health Insurance Corporation shall, within the scope of damage liability, subrogated the victim's damage claim for the whole amount of insurance benefits, after deducting the comparative negligence and the degree of contribution thereto from the amount of damage calculated first, and then the National Health Insurance Corporation shall acquire the damage claim for the victim within the scope of damage liability. Therefore, the victim's damage claim for the third party shall be reduced within the scope thereof (see, e.g., Supreme Court Decisions 2011Da39038, Dec. 13, 2012; 2010Da7294, Apr.

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