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(영문) 대전지방법원 2015.06.25 2014구합103205

부당이득금환수고지처분취소

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1. The Defendant’s decision number in the disposition of restitution of unjust enrichment against the Plaintiff on July 10, 2014: 1-0253-2014-11.

Reasons

1. Details of the disposition;

A. On May 198, the Plaintiff was a locally provided national health insurance policyholder, and became a plant in a state of vegetable suffering from brain damage caused by low-carbon infection by medical malpractice in the hospital at Chungcheongnam-Namnam University (hereinafter “Yannam University Hospital”).

(hereinafter “instant medical accident”). B.

Accordingly, the plaintiff and his family members (hereinafter "the plaintiff's side") filed a lawsuit against the Daejeon District Court for damages (the Daejeon District Court 99Gahap2618) but appealed against the Daejeon District Court. In the appellate court, "Yannam Hospital" occurred until the life expectancy of the plaintiff (the date of April 23, 2004), but the cost of living was recognized to be 1/3 of the plaintiff's income until the operation period after the expiration of the life expectancy of the plaintiff. The judgment was rendered to the effect that "the cost of living is paid to the plaintiff's side" (the Daejeon High Court 200Na6368, the Daejeon High Court 200Na6368, the "the first judgment of this case"), and the above judgment became final and conclusive around that time.

C. After that, the plaintiff still remains alive after the lapse of the life expectancy, the plaintiff's side filed a lawsuit for damages against the Daejeon District Court (Seoul District Court 2004Gadan19705), and the appellate court rendered a judgment with the following contents (the Daejeon High Court 2005Na2972, hereinafter "the judgment No. 2 of this case"), and the above judgment was rendered around that time.

1. Of the judgment of the court of first instance, the part against the plaintiff in the judgment is modified as follows:

Danam University: (1) 47,287,689 won per annum from April 29, 1998 to February 18, 2005; (2) from June 24, 2006 to September 28, 2037; and (3) from June 24, 2007 to June 14, 2012 every year, from June 24, 2007 to June 14, 2012.

6. 20% per annum on June 15, 2006, 3,696,000 won per annum from June 15, 2006, 2009; June 15, 2009; and on June 15, 2012, 840,000 won per annum from the date following the relevant payment date to the date of full payment.