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1. The judgment of the first instance, including the plaintiff's claim that has been changed in exchange at the trial, shall be changed as follows:
Reasons
1. The court's explanation on this part of the occurrence of liability for damages is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
2. Scope of liability for damages
(a) passive damage (actual income): 2,317,280 won: [The ground for recognition] 2,317,280 won = 72,415 won (the urban daily wage for the first half of 201) ¡¿ 32 days [the period of hospitalization from May 14, 2011 to June 15, 201 (33 days), and the number of days excluding Saturdays from June 28, 201 to July 9, 201 (12 days)]; and the purport of the whole pleadings];
B. 1) Active Damage 1: 7,982,02 won for hospital treatment is not disputed between the parties that the Plaintiff spent KRW 4,496,592 for hospital treatment expenses. Where the victim who received insurance benefits under the National Health Insurance Act claims for damages against a third party, when the victim’s negligence is concurrent in the occurrence of the damage, the victim’s negligence should be deducted from the amount of damages calculated first, and the insurance benefits should be deducted from the amount of damages. Thus, the Plaintiff’s above hospital treatment expenses 4,496,592 won and the National Health Insurance Corporation (hereinafter “Corporation”).
) Out of the medical expenses expected to be paid by the Defendants for reimbursement, KRW 3,485,410, the sum of KRW 7,982,00,00, recognized by the Defendants, shall be recognized as the cost of the king treatment (based on recognition). [In the absence of dispute, each entry in Gap evidence 21, and the purport of the whole pleadings 2) future treatment costs: KRW 4,337,179: KRW 4,337,179 (= + KRW 11,060,00 (only once for the treatment of the marries), such as the operation of the marries and the marries.
x 50% of the king certificate x 0.7843 (see, e.g., deemed disbursed on October 29, 2016), which is the day following the date of closing argument in the trial for the convenience of calculation) / [based on recognition] the result of commissioning the physical examination of the head of the Central University Hospital for the Party, the purport of the entire pleadings.
C. Fruits set-off and deduction 1: 1,853,824 won: 1,853,824 won (=2,317,280 won x 80% of the Defendants’ liability ratio) active damages.