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(영문) 의정부지방법원 2016.08.24 2014가단20011

손해배상(의)

Text

1. The Defendant’s KRW 1,130,248 as well as the Plaintiff’s KRW 5% per annum from August 14, 2012 to August 24, 2016, and the following.

Reasons

1. The Plaintiff, on August 14, 2012, had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

(2) On the same day, the Plaintiff was hospitalized in the instant hospital by August 27, 2012 from the date on which he/she was diagnosed by the above G Hospital as 'A Hospital’ H as 'A Hospital’ upon the request of the above hospital’ (Korean Disease Classification Number K65), and was diagnosed by the above G Hospital as 'G Hospital’, and was hospitalized in the said hospital by August 27, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 8, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the defendant had been negligent in operating equipment and operating equipment in the course of conducting an internal landscape inspection against the plaintiff, and there is no reflective proof otherwise.

Therefore, the defendant is liable to compensate the plaintiff for damages suffered by the plaintiff due to the negligence in the above ledger.

With respect to the scope of damages, since the Plaintiff received hospitalized treatment at G Hospital for 14 days from August 14, 2012 to August 27, 2012, when the Plaintiff performed a astronomical colon surgery, etc. in the above General, then income 1,130,248 won (=daily wage 80,732 won x 14 days x 100%) during this period is recognized as damages.

Furthermore, the Plaintiff also sought KRW 25,534,618 (i.e., the total of the daily income calculated at the rate of 100% for the period of the above hospitalization and the daily income calculated at the rate of 18% until August 26, 2017 (i.e., the daily income claim amounting to KRW 26,64,866), (ii) the daily income claim amounting to KRW 1,130,248 as cited earlier, (iii) the nursing expenses amounting to KRW 1,198,430, and KRW 1,320,731 during the period of hospitalization, and solatium (iv).

(1) The period of health care and outpatient treatment shall be applied to a claim for lost income.