[손해배상(자)][공1999.4.1.(79),533]
[1] The method of determining the number of persons in need of nursing due to the aftermath of a personal accident
[2] The case holding that one adult woman's nursing is necessary due to disability, etc. caused by a gymnasium, etc.
[1] The recognition of the number of persons to be provided with the necessary nursing due to the aftermath of a personal injury is in accordance with the rule of experience and logic to determine the number of persons to be provided with the necessary nursing through the appraisal by experts, and to determine the number of persons to be provided with the nursing time per day by examining the total number of hours to be provided with the nursing time per day and calculating the number of persons to be provided with the nursing time based on eight hours per day, unless there is any reason to employ a professional nursing person.
[2] The case holding that one adult woman's nursing is necessary due to disability, etc. caused by the sports paralysis of the gymnasium
[1] Articles 393 and 763 of the Civil Act / [2] Articles 393 and 763 of the Civil Act
[1] Supreme Court Decision 88Meu26543 delivered on March 27, 1990 (Gong1990, 952), Supreme Court Decision 90Meu15171 delivered on October 23, 1990 (Gong1990, 238), Supreme Court Decision 94Da37035 delivered on October 14, 1994 (Gong1994Ha, 2987), Supreme Court Decision 96Da41236 delivered on December 20, 1996 (Gong197, 368), Supreme Court Decision 98Da30889 delivered on October 13, 1998 (Gong198Ha, 2676)
Plaintiff (Law Firm 21st century General Law Office, Attorneys Lee Sung-soo et al., Counsel for the plaintiff-appellant)
Samsung Fire & Marine Insurance Co., Ltd. (Attorney Jeon Soo-soo, Counsel for defendant-appellant)
Gwangju District Court Decision 96Na4448 delivered on August 28, 1998
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
The grounds of appeal are examined.
The recognition of the number of persons required for nursing due to the aftermath of personal injury is in accordance with the rule of experience and logic to determine by examining the total number of hours to be invested in the nursing per day and calculating the number of persons in need of opening several percents per day based on eight hours per day, unless there is any reason to employ a professional nurse, after confirming the necessary outline through an expert’s appraisal (see Supreme Court Decision 98Da30889, Oct. 13, 1998).
According to the reasoning of the judgment below, the court below acknowledged, based on its evidence, that the plaintiff was in need of opening 4 to 40 minutes per day due to disability caused by a gymnasium, etc., that the plaintiff gymnasium 4 and 5 times per day, and that the plaintiff gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium g.
Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the plaintiff who is the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Cho Cho-Un (Presiding Justice)