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(영문) 서울중앙지방법원 2017.10.24 2017나6497
손해배상(자)
Text

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

The defendant 16,498,989 Won and 14,094 among them.

Reasons

1. The scope of the judgment of this court claimed positive damages, passive damages, and consolation money against the defendant, respectively, and the court of first instance partially accepted each of the above claims by the plaintiffs.

As to this part of passive damages, the defendant appealed from each of the positive damages, so the scope of the judgment of this court is limited to the claim of the plaintiffs on positive and passive damages.

2. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that the court’s explanation is identical to the reasoning of the first instance judgment.

3. Parts:

A. On the 5th chapter 3 through 8 as follows: 4,771,320 won (=(the Plaintiff himself/herself's charge 7,743,160 won x (1,79,480 won x 1,79,480 won) x (1 - 50%) deductible expenses related to the king (50%) out of the Defendant's expenditure) the National Health Insurance Corporation (b) subrogatedly acquired medical expenses 1,79,480 won, which was incurred by the National Health Insurance Corporation due to a third party's act and provided insurance benefits to the insured or his/her dependent, the National Health Insurance Corporation shall subrogate the third party's right to claim damages within the limit of the expenses paid for such benefits (Article 58(1) of the National Health Insurance Act) within the scope of the expenses paid for the third party (Article 58(1) of the National Health Insurance Act). Therefore, in cases where the person who received insurance benefits obtains the insurance benefits from a third party who received the insurance benefits from a third party's liability for damages.

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