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TITLE | Supreme Court en banc Decision 2021Da299594 Decided June 20, 2024 ¡¼Damages (Motor Vehicle)¡½ [full Text] |
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Summary | |
¡¼Main Issue and Holding¡½ Where a victim¡¯s negligence competes with the damage incurred therefrom when the victim who receives pension benefits according to the National Pension Act claims damages against the perpetrator, method of calculating damages (held: contributory negligence after deducting pension benefits from the victim¡¯s damages) and where the National Pension Service subrogates the relevant victim to the perpetrator pursuant to Article 114(1) of the National Pension Act after providing the victim of an unlawful act with pension benefits, the scope of subrogation (held: the amount of pension benefits equivalent to the proportion for which the perpetrator should be liable of the pension benefits) |