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(영문) 대구지방법원 2018.12.12 2018나316664

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts

A. On June 24, 2010, the Plaintiff was diagnosed as a maternal disease and has been in the state of plant human being from the above date to the present date.

B. On June 9, 2016, the Plaintiff was faced with a shoulder during the enforcement of the arms movement from the visiting nurse.

Accordingly, the Plaintiff visited the 119 ambulances Hospital to the right end end, and received treatment, such as attaching auxiliary devices to the so-called sponsor, and requested the Defendant, who is a private emergency patient transport business entity, to transfer the Plaintiff from the 1,00 local hospital to the Plaintiff’s residence.

C. The Defendant’s employees B, while moving the Plaintiff’s house to the Plaintiff’s house located on the second floor in the same day on the same day, placed the Plaintiff’s head and the Defendant’s kid against the Plaintiff’s house on the floor by placing them from stairs.

(hereinafter referred to as “instant accident.” As a result, the Plaintiff sustained injury, such as brain salvin, salvinites, salvinites, dyecinites, etc., which require treatment for about three weeks, and re- attached auxiliary devices to the acquired arms.

B on November 29, 2016, a summary order of KRW 2 million (Seoul District Court Decision 2016 High Court Decision 201Da74510, Nov. 29, 2016) was issued, and the above order was finalized on December 29, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, Eul evidence No. 1, fact-finding inquiry reply to the Daegu District Prosecutors' Office in the first instance court, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s employee B, who is engaged in the emergency patient transport business, was at the duty of care to leave the ground when they move to another person, but neglected to move the Plaintiff to another person, thereby breaking the floor, thereby causing injury to the Plaintiff, such as a thalle and a thallebing.

As a result, the plaintiff's assistive device that has fixed the arm's length is 30,00 won as the cost of planting it again.