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(영문) 창원지방법원 2015.03.31 2014나2727
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On August 30, 2010, 23:27, the Seongbuk-gu, Changwon-si was returned.

Reasons

1. Facts of recognition; and

2. The court's explanation on this part of the claim for damages is the same as the reasoning of the judgment of the court of first instance, and this part of the claim is cited by the main text of Article 420 of the Civil Procedure Act.

3. The scope of the Defendant’s damages as to the scope of the Defendant’s damages are as indicated in the attached table of calculation of damages, except as follows: (a) the Defendant’s damages are the same as indicated in the attached table of calculation of damages (it shall be calculated at present in accordance with the headmanial Calculation Act, which deducts intermediate interest at the rate of 5/12 per month as a simple interest, and shall be less than the month for the convenience of calculation, and less than the won), and

lost income;

(b) future treatment costs; and

C. The reasoning of the court's explanation concerning this part of the marine defense expenses is set forth in Section 3 of the judgment of the court of first instance.

A. Inasmuch as the provisions of paragraphs (1) through (3) are the same, they shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant claimed 106,461,023 won as king medical expenses, and the plaintiff claimed 48,591,627 won as 10,872,391 won, which is the amount equivalent to the principal's charges, from among the items to which the insurance benefits of the National Health Insurance Corporation are applied (the amount of the first instance court's award is additionally recognized as 2,098,60 won paid for the treatment in the emergency room of the J Hospital)

The medical expenses claimed by the Defendant are included in the charges of the National Health Insurance Corporation, and the university hospital or general hospital hospital does not constitute damage in proximate causal relation with the instant accident even if the selective medical examination and treatment is general and the insurance benefits of the said Corporation are not applicable. Thus, the above amount directly paid by the Defendant is recognized.

(e) negligence offsetting;

(f) Consolation money and consolation money;

G. The reasons why the court should explain this part of the repair cost claim are set forth in Article 3 of the reasoning of the judgment of the court of first instance.

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