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(영문) 서울동부지방법원 2015.02.11 2014가단56547

손해배상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On February 13, 2009, the father B of the Plaintiff’s assertion that he was the Plaintiff’s husband B received a funeral surgery from the doctor C belonging to the above hospital at the Hyundai Asan Hospital operated by the Defendant, and the above C did not perform his duty of explanation even though the Deceased was at risk of merger with the aged (the age of 92 at the time of age) without fulfilling his duty of explanation. As a result, the Deceased died on September 7, 2009. The Defendant, as an employer, is obligated to pay KRW 50,000,000, including consolation money, to the Plaintiff as the deceased.

B. (1) The Defendant asserted that the Plaintiff’s right to claim damages was extinguished by the statute of limitations. Thus, the right to claim damages due to tort is extinguished by prescription if the Plaintiff did not exercise it for three years from the date the victim became aware of the damage and the perpetrator. In this case, it is reasonable to deem that the Plaintiff was aware of the damage and the perpetrator on September 7, 2009, for which the right to claim damages against C became final and conclusive. Since the Plaintiff filed the instant lawsuit only on November 27, 2014, which was three years after the lapse of the statute, the statute of limitations expired.

The defendant's assertion pointing this out is with merit.

(2) As to this, the Plaintiff asserted to the effect that the statute of limitations has been interrupted since the Defendant approved the obligation by means of expressing the intent to pay the agreed amount of KRW 5 million to the Plaintiff. However, the statement in the evidence No. 2 alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it.

2. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's claim of this case is without merit.