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(영문) 서울중앙지방법원 2017.07.04 2016나54901
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: 7th of the 7th of the judgment of the court of first instance; and 2th of the 7th of the judgment.

In addition to the entry in the subsection, the entry “7.....................” in the same section, the entry “3.... conclusion” in Section 8-9, as described in the following 2-B:

As stated in paragraph (1), each change is made, and the calculation table of damages under paragraph (10) is the same as the written judgment of the court of first instance, except for the change into the attached table of calculation of damages. Therefore, this shall be cited as it is in accordance with the main sentence of

2. Additional or modified parts

A. Accordingly, the Defendant asserts that according to the insurance benefit standards for the National Health Insurance Act Article 26(1) [Attachment 7] of the Enforcement Rule of the National Health Insurance Act, the unit price of the auxiliary is KRW 2,270,000, and the term of life is five years. Thus, the Defendant asserts that the physical appraisal written “unit price is KRW 2,500,000, and the term of life is three years” should be corrected as it is a clerical error.

However, the above standard is a standard for calculating the amount to be borne by the National Health Insurance Corporation for supplementary aid devices, and it is only that the maximum standard amount should be subsidized even if the actual purchase amount exceeds the above standard amount. Thus, it cannot be deemed that the above standard amount is identical to the actual purchase cost of supplementary aid devices. In light of the fact that the Plaintiff paid 8,600,000 won for the purchase cost of supplementary aid devices, and that the insurance benefits are provided as above, the above insurance benefits are not particularly unfair, the Defendant’s above assertion is rejected.

(b) Mutual aid amount: Amount equivalent to the ratio of plaintiff's fault among medical expenses of 54,463,179 won 81,543,930 won: 24,463,179 won in advance payment of damages: 30,000 won; and

C. 3. As such, the Defendant’s obligation to perform the Plaintiff from May 24, 2013, which is the date of the instant accident, is determined as follows: (i) KRW 173,313,653 (property damage of KRW 173,653), and KRW 40,000 (property damage of KRW 40,000).

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