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(영문) 춘천지방법원 2014.09.19 2013나4276

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant, at around 18:00 on December 6, 2009, performed drinking together with the deceased at the house of the deceased A (hereinafter “the deceased”). At the end of the dispute, the Defendant, at the end of the dispute, dumped the deceased on the floor and dumped the deceased on one occasion at the time.

(hereinafter referred to as “instant accident”. As a result, the Deceased suffered from injury, such as cerebral ties, ductal thale, dale, acute hale, acute hale, acute hale, acute hale, acute hale, acute hale, halephale, hale, and sale, and was hospitalized in the original-wing hospital from December 6, 2009 to January 14, 2010, and thereafter received outpatient treatment at the said hospital.

B. On February 26, 2010, the Deceased and the Defendant drafted a written agreement with the following content (hereinafter “instant agreement”).

In the process of drinking alcohol as of December 6, 2009, the deceased and the defendant agreed that medical expenses of KRW 11,00,000 and KRW 1,00,000 shall not be charged for any civil or criminal liability after the death of the deceased in the course of drinking alcohol as of December 6, 200.

(2) If the head of the institution is found to have any error (if there is any error in brain) due to this day, the Defendant is responsible for the medical expenses.

As a result of the physical examination of the deceased, at the request of the court of first instance, a psychiatrist hospitalized the deceased from April 23, 2012 to May 12, 2012 and conducted the physical examination. As a result, the deceased showed symptoms of the personality disorder, scarcity disorder, scarcity disorder, and scarcity disorder at the time of the above hospitalization. As a result, the deceased showed symptoms of the personality disorder, scarcity disorder, scarcity disorder, and scarcity disorder, such as a sense of self-harm, reduction of self-harm, accident, diagnosis disorder, speech disorder, and scarcity memory disorder.

The above physician F stated that the deceased had no symptoms as above in the past medical history of the deceased, so the accident of this case is judged as the only cause, and the above disability of the deceased is considered as a disability due to brain injury. D.

The Deceased’s death is the deceased.