beta
(영문) 대전지방법원 2006.11.21.선고 2005가단32729 판결

손해배상(기)

Cases

205 Ghana 32729 Damage (as stated)

Plaintiff

1. Article 00 (780327 - 1****)

2. Article 00 (450507- - 1****)

3. Lee 00 (51213 - 2 ***)

4. Box 00 (320925 - 2 ***)

The plaintiffs' Address Daejeon East-gu Preamdong*** -*

[Judgment of the court below]

Defendant

Korea

Legal representative Kim Sung-ho

The full-time talent of the litigation performer, the student background, the student class, the student class, the student class, and the student class;

Conclusion of Pleadings

November 7, 2006

Imposition of Judgment

November 21, 2006

Text

1. The defendant shall pay to the plaintiff 12, 200, 000 won, plaintiff 1,000, 000 won for each of them to the plaintiff 100, and plaintiff 1,000 won for each of them, 500,000 won for the plaintiff 200 and 500 won for each of them from November 8, 2006 to November 21, 2006, 5% per annum for each of them, and 20% per annum for each of them from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of lawsuit are divided into two parts; one of them is the plaintiffs; and the remainder is the defendant's own burden.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay 19, 200, 000 won to the plaintiff Cho 00, 5,000, 000 won to the plaintiff Lee O, 3,000, 000 won to the plaintiff Lee O, and 20% per annum from the day following the day of delivery of the copy of the application for reduction of claim and modification of the cause of claim of this case to the day of complete payment.

Reasons

1. Basic facts

A. The progress of the Plaintiff Cho Jae-won’s hospitalization and treatment at the Armed Forces of Korea Armed Forces

(1) On September 29, 1998, Plaintiff 00 entered the Army and received a basic military training for 6 weeks from the 20th Sick Education Team in Gyeyang-do, and was placed in the 7th group of the 7th group of the 17th group and served as the 5th class of the vehicle maintenance soldier, the Plaintiff 00, who was in the Army, was in charge of the 20th group of the 20th group of the 20 group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 199 and was in charge of the 5th group of the 4th group of the 199 group of the 4th group of the 199 group of the 2nd group of the 3th group of the 20 group of the 3th group of the 20 group of the 19 group of the 2nd group of the 19 group of the 2nd group of the 3rd group.

(2) At the time, Plaintiff 00 had symptoms of a red reflector, where the boundary of the 3-4 mmm cuck at both sides of the heat, a telegraph type, and the face of the face was unclear. At the first time, Nonparty 1, the military officer in charge of the examination of Plaintiff 100 hospitalized the said Plaintiff, and Nonparty 2, the military officer in charge of the ice 100, requested Nonparty 1 to provide medical treatment for accurate diagnosis and prescription with respect to the red reflector in the ice 100, the military officer in charge of the imposition of the same hospital.

(3) On March 4, 199, Nonparty 1 diagnosed Plaintiff 1’s face level on March 4, 199, and subsequently, Nonparty 3-4 meters of a number of red reflect points in the medical record where the boundary of the size of 3-4cm is unclear are in the part with bucking and boness, and is suspected of having contacted skin infection or red brus, etc. In observing, Nonparty 1 sent Plaintiff 10 to Nonparty 1, stating that he/she was given general internal and hostile treatment and did not provide national and local medical treatment.

(4) Nonparty 00: (a) to Plaintiff 10, Nonparty 1 conducted blood test, heart test, ultra-wave test, X-ray test on its own; and (b) requested an external hospital to conduct a blood test to diagnose red ray; (c) on March 11, 1999, Nonparty 1 again requested Nonparty 100 to provide medical treatment by sending Plaintiff 10 to Nonparty 1; and (d) the above Kim 00 provided the above Plaintiff’s diagnosis; and (c) on the bridge, the above Kim 00 provided the above Plaintiff with no special opinion. The face side change is presumed not to be a red eption for the test. Since the part exempted from the face is doubtful, it is doubtful that it is infected with infection, and thus, it is better to prescribe the para- graph (1) again.

(5) Plaintiff 00 was discharged on the ground that: (a) most of the internal symptoms, such as a telegraphic side, two parts, etc., were improved by being hospitalized by the hospital until March 23, 1999; (b) there were no special symptoms in the examination room conducted during the hospital; and (c) there was no concern that there was no obstacle to military life in the future; (d) after receiving secondary medical treatment at the imposition of the above hospital on March 11, 199, there was no medical examination on the side side of the hospital; and (e) at the time of discharge, red reflect points in the face of Plaintiff 10 had not been completely treated.

(6) After the discharge from the above hospital, the above skin disease was expected to come at low level, but even after the discharge, the upper half of the face part of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the non-party 1, 200.

B. The diagnosis and present status of the above skin disease of Plaintiff Cho Jong-soo after the removal;

(1) From February 20, 2001 to August 13, 2002, Plaintiff 10

On December 9, 2005, in the imposition of the annual fluoral disease in Jung-gu Daejeon-dong, Daejeon, the above disease was treated, and on the basis of the records of the above treatment conducted in the main hospital in the military forces of the Republic of Korea, the hospital was presumed to be a serious fluoral fluor, which is a part of the fluoral tuberculosis. The hospital was diagnosed to receive anti- tuberculosis treatment, while the hospital was under the fluoral fluoral fluoral fluoral fluor's fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor.

(2) Despite the above long-term medical treatment, Plaintiff Cho 00 left permanently both sides of the face chilling part and the two sides of the face, chilling reflectors and schilling evidence accompanied by the color bed.

(3) The doctor of the Chungcheongnamnam University Hospital, which assessed Plaintiff 100, is accompanied by severe physical stress or sensitive symptoms prior to the occurrence of the lusty disease, and may be accompanied by the lusty fever at all times, but it cannot be readily determined that the disease was caused by lusis at all times, and it is reasonable to regard the disease as a general cause if the heat, the skin, and the skin symptoms were generated and existed at the same time as time. As above, in light of the symptoms such as Plaintiff 10 appears to have occurred at the end of February 199, such symptoms are considered to have been caused by chronic lusty, and this appears to have occurred more than 90% of the disease of Plaintiff 1 00 at present and more than 90% of the lusty.

C. On the other hand, on August 16, 2005, Plaintiff 10 filed an application for the registration of a person who rendered distinguished service to the State with the head of Daejeon Regional Veterans Office on the above-mentioned disease, but on the ground that the above disease was not different from the injury (or during the performance of official duties) in battle, he received a decision corresponding to the person who rendered distinguished service to the State. On the other hand, on February 20, 2006, he filed an administrative appeal against the Minister of Patriots and Veterans Affairs to revoke the registration of a person who rendered distinguished service to the State, but was dismissed on May 11, 2006.

D. Plaintiff 00, Plaintiff 00, Plaintiff 10, Plaintiff 20, Plaintiff 1’s parents, and Plaintiff 1’s team members are the money of Plaintiff 1’s team members.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8, Gap evidence 11-1,

2. The witness, evidence Nos. 12, evidence No. 13-1, 2, and evidence No. 14 through 16, and the witness

Kim 00, Choi 00 each of the testimony (other than the subsequent parts rejected) of this Court

As a result of the commission of physical examinations to the president of the relevant university hospital, substitute for the president of the Chungcheongnam-nam University Hospital of this Court.

As a result of the fact inquiry, the purport of the whole pleading

【Dismissal Evidence】 Some of the testimonys of witnesses KimO and MaO as seen contrary to the above facts

2. Occurrence of liability for damages;

In full view of the facts acknowledged above, the plaintiff Cho-O was hospitalized in the Gun-won Hospital in the Gun-won Hospital due to heat, telegraph, inner scarb, red scarb, etc., which can be seen as suspected of the original food after entering the Gun-based training. Since the military officers who provided the above plaintiff at the time were unable to voluntarily provide the above symptoms and actively provide treatment to the outside hospital, the plaintiff Cho 00, who was the status of the above plaintiff Cho-O's disease, cannot voluntarily go to the outside hospital due to the unique characteristics of the barracks, the above plaintiff Cho-O's medical examination and necessary tests until the above symptoms are fully improved, the above plaintiff Cho-O revealed the exact name of the symptoms seen by the above plaintiff, and continued to provide appropriate treatment suitable for the disease, and then the patient's disease should be discharged after completing the patient's disease.

However, the non-party Kim 00, the military officer of the Armed Forces of the defendant, who is in charge of the plaintiff Cho Jong-soo's medical treatment, and the non-party Choi O et al., were exposed to the internal symptoms of the plaintiff Cho Jong-soo 00, and the non-party 1 et al., but there were no signs of symptoms about the red team at the inside of the above plaintiff, so the above plaintiff was discharged on the ground that the above plaintiff's internal symptoms showed the symptoms and there was no hindrance to the military life, although the above plaintiff's internal symptoms were shown, and the above plaintiff was discharged on the ground that the above plaintiff's internal symptoms were improved, and without tracking observation or medical treatment, neglected the above plaintiff Cho Jong-soo for the service period. Accordingly, the defendant is liable for compensation for damages suffered by the plaintiffs due to the above negligence of the non-party O and Kim O00.

3. Scope of damages.

(a) Expenses for future treatment;

In full view of the purport of the oral argument as a result of the physical examination as seen earlier, Plaintiff 100 requires an anti-scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics (scopic s).

(b) Consolation money;

In light of the empirical rule, it is obvious that the remaining plaintiffs in the status relationship as seen above are suffering from mental distress due to the scarbs, etc. of the part of the face that the above disease occurred while plaintiff Cho Jong-soo was put to fulfill his duty of national defense. Thus, the defendant has a duty to raise monetary compensation to the plaintiffs against the above mental distress. Thus, considering the plaintiffs' age, family relation, property and education level, the degree of the diseases of the plaintiff Cho Jong-soo, treatment process and result, aftermath, aftermath, and other various events shown in the argument of this case, it is reasonable to recognize the consolation money to be paid by the defendant to the plaintiff Cho Jong-soo 00, 00, 00, 1,000, 1,000, 1,000, 1, 100, 1000, 500, 500, 1000, 100, 100, 200, respectively.

4. Conclusion

Therefore, the defendant shall pay 12, 200, 00 won to the plaintiff Cho Jong-soo (in the future treatment expenses of 4,200, 000 won + 8,000, 000 won from the above data), plaintiff Cho Jong-soo, and 00 respectively, 50,000,000 won to the plaintiff Lee Jong-soo, and 500,000 won from the plaintiff Cho-soo, and each of them, which are the day following the delivery date of a copy of the application for reduction of claim and change of cause of claim of this case. Since from November 8, 2006, the defendant's claim of this case is based on the defendant's existence and scope of liability, and it is therefore dismissed within the scope of 5% per annum of the above case's annual damages from the next day to Nov. 21, 206, each of the above damages for delay shall be paid within the scope of 5% per annum as prescribed by the Civil Act.

Judges

Judge Choi Jin-be