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(영문) 의정부지방법원 2018.06.15 2017가단114405

손해배상(기)

Text

1. The defendant shall pay 8,117,600 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. In full view of the evidence submitted by the Plaintiff as well as the result of the commission of the medical record appraisal to the head of the Silver University’s government-specific hospital, etc., the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident, on February 27, 2017, on the wind that the Plaintiff, purchased from the Defendant’s barb store on February 27, 2017, frightened a 37-day fishing ground, which was frightened by the Defendant, and caused an injury, such as a frightter, etc. (hereinafter “instant accident”).

2. Scope of damages.

A. (1) The plaintiff can recognize that the plaintiff is in the state of undergoing a crupt operation at No. 37 due to the accident in the instant case (the result of the evaluation of medical records and the evaluation of medical records), and the defendant's assertion against this is not accepted.

(2) Meanwhile, the Plaintiff asserted that the instant accident occurred at 38 Abdo, but it is difficult to conclude that the instant accident occurred due to the instant accident, in light of the following: (a) the result of the request for the examination of medical records: (b) in particular, whether the Plaintiff suffered from chronic copy infections that had been considerably proceeded from 38 before the instant accident; or (c) the medical records contain only “patchitis” different from the CP and 37 patia; and (b) there is no other evidence to prove otherwise.

(3) It is reasonable to see that the Plaintiff’s remaining life expectancy ended on February 3, 2053; the expenses for the one-time procedure of the franchis shall be 2,000,000 won; and the number of franchis shall be 10 years.

(Medical Records Appraisal Commission). Since the Plaintiff did not undergo a crypt operation by the date of the closing of argument in the instant case, the first procedure on June 16, 2018, which is the day following the date of the instant judgment, shall be calculated at the present price at the time of the closing of argument in the instant case, according to the Hofmanial Calculation Act, which deducts the intermediate interest at the rate of 5/12 per month from the cost of the first procedure on June 16, 2018, the period of calculation shall be 5,117,600 won per month.