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1.The judgment of the first instance shall be modified as follows:
On March 22, 2017, around 14:05, the front intersection of the Seo-gu Incheon Metropolitan City D apartment.
Reasons
1. As a result of examining the Plaintiff’s grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the court’s reasoning on this case is as stated in the reasoning of the judgment of the court of first instance, except with respect to the determination of “the scope of liability for damages” as to “the scope of liability for damages,” since the court’s reasoning is identical to that of the judgment of the court of first instance, except with respect to the determination of “the scope of liability for damages” in the following 2.
2.In principle, the period of convenience in the calculation of the "scope of liability for damages" shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
In addition, it is rejected that the parties' arguments are not stated separately.
According to the overall purport of the statements and arguments on the evidence Nos. 3 and 9 of the Medical Care Costs (1) and the deceased’s 26,266,013 won (i.e., the Defendant’s charges of KRW 13,189,773, the National Health Insurance Corporation’s charges of KRW 13,076,240) is recognized.
(2) As to this, the Plaintiff asserts that the amount equivalent to the deceased’s negligence should be deducted from the amount of KRW 13,076,240 of the Corporation’s charges claimed by the National Health Insurance Corporation as the amount of indemnity.
On the other hand, when a victim who received insurance benefits pursuant to the National Health Insurance Act claims for damages against a third party, if the victim's negligence competes with that of the third party, the amount of damages calculated first shall be offset by negligence, and the insurance benefits shall be deducted from the amount of damages calculated first, and even if the victim voluntarily deducted the insurance benefits and claimed for damages, the amount of damages subject to offsetting by negligence shall include
(see, e.g., Supreme Court Decision 2010Da2428, 2435, Jul. 15, 2010).