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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) the written evidence No. 12 to 14, 17, 18, and 21, which is insufficient to recognize the plaintiff's assertion about the harm from disability, are rejected; and (b) the reasoning of the judgment of the court of first instance is the same as that of the court of first instance, except for the use of or addition to some of the following.
2. A statement of calculation of damages in attached Form 1 of the judgment of the court of first instance which is written or added shall be replaced by that of this judgment;
The evidence No. 6 is added to the "Evidence No. 6" in the third instance judgment of the first instance. 17.
The 6th to 14th (excluding marks) of the first instance judgment shall be followed as follows:
“E. Mutual Aid and Set-off 1) The Defendant paid 39,008,670 won as medical expenses for the Plaintiff, but KRW 25,581,220 among them is the medical expenses for the subjects other than the mental health department, such as the Plaintiff’s comprehion and the clusium. As acknowledged earlier, the clusium and the clusium are not recognized as a causal relationship with the instant accident. As such, the above 25,581,220 won was paid without any legal cause by the Defendant and returned to the Plaintiff, which shall be deducted from the Plaintiff’s damages.
2) Of the medical expenses paid by the Defendant, KRW 671,372, an amount equivalent to 5% of the negligence of the Plaintiff, out of KRW 13,427,450 ( KRW 39,08,450-25,581,220) of the medical expenses paid by the Defendant, the amount of KRW 671,372, which is the amount equivalent to 5% of the negligence of the Plaintiff, shall be deducted from the amount of property damage, and the remaining amount of KRW 505,918 shall be offset from the consolation money, which is deemed below.
G. The Plaintiff’s property damage amount, such as the attached table for calculating the amount of damages in attached Form 2, would no longer remain if the Defendant deducts the portion without causation with the instant accident among the medical expenses paid, and the amount equivalent to the Plaintiff’s fault, and the amount of consolation money would no longer remain. The amount of consolation money would be offset by 7,494,082 won ( = 8,00,000 won - 505.