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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 2,419,230 and KRW 1,441,010 among them.
Reasons
1. Facts of recognition;
A. On February 20, 2014, the Defendant, on the ground that C and D generated inter-floor noise at the residence of Yongsan-gu Seoul, Yongsan-gu, 401 C and D, and on the ground that C and D caused noise, the head of D was cut off with the entrance of the head, and the Defendant committed assault, such as c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c's c', thereby causing injury to D's c's c's c's c', and the above judgment became final around that time.
B. C and D received medical treatment, etc. due to each of the above injuries. The medical expenses of C and D incurred KRW 2,190,810 and KRW 1,504,010 for each of them, total of KRW 3,694,820 for each of them. The Plaintiff paid KRW 1,441,010 for C’s medical expenses, etc. by August 26, 2014, with the Corporation’s charges, excluding the principal’s charges. The Plaintiff paid KRW 978,220 for D’s medical expenses, etc. by May 27, 2014.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 14, the purport of the whole pleadings
2. Determination as to the cause of the instant claim
A. According to the above facts of recognition of the occurrence of the right to indemnity, the defendant is obligated to compensate for each injury inflicted upon C and D due to the defendant's assault, and the plaintiff is entitled to exercise the damage liability of C and D against the defendant within the medical care benefit amount pursuant to Article 58 (1) of the National Health Insurance Act.
B. Where a victim who received insurance benefits pursuant to the National Health Insurance Act provides a claim 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 by negligence, and the insurance benefits so deducted shall be offset by negligence.