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(영문) 서울동부지방법원 2018.08.10 2017나26715
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 2,689.

Reasons

1. Basic facts

A. On January 3, 2012, the Plaintiff, who assaulted B on January 3, 2012, suffered injury, such as the left two-way pelkes, credit-free lapsing, prop-to-protruding, and cerebral blood, etc., requiring hospitalized treatment for approximately 102 days.

(hereinafter “instant accident”). (b)

B was escorted to the National Police Hospital immediately after the instant accident and received hospitalized treatment from January 3, 2012 to June 6 of the same month, and thereafter hospitalized in the Seoul Asan Hospital on January 6, 2012, and subsequently undergone an emergency operation (reception and dism removal); sexual surgery on February 15, 2012; and brain-pulmonary surgery on March 19, 2012. From around that time to July 23, 2015, the total medical expenses paid to medical care institutions, such as the National Police Hospital and the Seoul Asan Hospital (the Defendant’s charges 27,159, 301, B, 78, 80, 108, 198, 190) were medical care benefits [the Defendant’s charges 27,308, 108, 108, 108, 198, 200 won];

C. From March 12, 2014 to February 27, 2016, the Plaintiff paid a total of KRW 27,301,510 to the Defendant as a compensation amount for insurance benefits under the Defendant’s insurance benefits.

On the other hand, B filed a lawsuit against the Plaintiff for damages such as lost earnings, medical expenses, consolation money, etc. due to the instant accident (Seoul Central District Court 2016Gahap2142). On April 22, 2016, the said court rendered a judgment of winning part of B as follows.

In case of lost income: 166,732,60 won: 62,249,430 won (i.e., 31,769,923 won for future treatment expenses of KRW 30,479,507): 70% property damage amount (i.e., 116,712,820 won x 70%) - Medical expenses - 43,574,601 won (i.e. 62,249,430 won x 70%) - Deduction: 40,000 won already paid by the plaintiff to B for treatment expenses and agreement: 15,000 won:

E. The Plaintiff appealed against the above judgment (Seoul High Court Decision 2016Na7649), and the above court was required on October 24, 2016 and the period spent until the judgment of the court of first instance is pronounced.

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