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(영문) 서울고등법원 2016.06.16 2013나36011
손해배상(의)
Text

1. The part against Plaintiff A in the judgment of the court of first instance, which exceeds the following order of payment.

Reasons

... The plaintiff 1-1 2028-5-15 94, 338 22,075, 436 50.4 210.6329 614.2519 149.3810,816,428 149,326,48 13,621,960 won as a result of the instant procedure, the plaintiff 13,621,960 won as a result of the instant procedure, and the claim for modification of the claim(s) No. 7 (No. 520 of the record) No. 331 through 39, and No. 34-1 through 27, 2013, the total amount of the plaintiff 1 and the plaintiff 203, and the plaintiff 201 to 34-27, respectively, are as follows.

The plaintiff's medical expenses (the total amount of evidence Nos. 33-1 through 39 and evidence Nos. 34-1 through 27) insurance benefits (the unit, the unit, the source), the sum (the unit, the source) of the insurance benefits (the unit, the unit), the principal's charges (the unit, the source) 9,02,073 13,62,62,000 22,64,073 * Gap evidence No. 33-26, 33-26, and 28,650 as medical expenses. However, according to each of the evidence No. 33-26, the plaintiff paid 22,150 won and 28,650 won as medical expenses, the plaintiff sought 16,60 million won as medical expenses for the first half of this part.

** According to the evidence No. 33-37, the amount to be borne by the Plaintiff A was KRW 10,039,476 (= KRW 15,238,940 – KRW 5,199,464). The amount actually borne is KRW 10,038,920.

(i) The fact that medical expenses were paid KRW 12,415,690 medicine expenses of KRW 1,206,270 is recognized.

However, when the victim has received insurance benefits under the National Health Insurance Act due to a third party's tort, the National Health Insurance Corporation shall, within the scope of the amount of such benefits, substitute the victim's damage compensation for the damage, and limit the liability for such damage, and the National Health Insurance Corporation shall substitute the victim's damage compensation for the total amount of the insurance benefits within the limit of the amount of damages calculated first, limited from the amount of damages calculated, and then the National Health Insurance Corporation shall acquire the damage compensation for the victim's damage by subrogation. Therefore, the victim's damage compensation for the third party shall be reduced within the scope of the damage compensation (see Supreme Court Decision 2002Da50149, Dec.

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