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(영문) 대전지방법원 2018.12.13 2018나101954

부당이득금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

1. Basic facts

A. A. Around May 1998, the Defendant received surgery and treatment from a medical personnel affiliated with the Plaintiff, and led to a plant life-sustaining conditions due to the medical personnel’s negligence (hereinafter “instant medical accident”).

2) The Defendant, due to the instant medical accident, was hospitalized in the hospital operated by the Plaintiff (hereinafter “Plaintiff hospital”) and received medical treatment.

B. The Defendant’s claim for damages against the Plaintiff 1) The Defendant’s husband B and her husband C and D (hereinafter “Defendant, etc.”) filed a lawsuit against the Plaintiff for damages.

B) On January 17, 2003, the appellate court (Seoul High Court Decision 2000Na6368) recognized the medical malpractice of the Plaintiff’s medical personnel. On the premise that the Defendant’s female life is presumed to be April 23, 2004 (4.43 years for life expectancy), the appellate court sentenced the Defendant to a judgment recognizing the Plaintiff’s liability for damages by calculating the amount of lost income, expenses for future treatment, care, consolation money, etc. for life during the life period. The above appellate court judgment became final and conclusive on July 25, 2003 by the Supreme Court Decision 203Da10261, July 25, 2003 (2) as the Defendant’s second medical lawsuit was alive after the life expectancy anticipated by the first medical lawsuit, and recognized the Defendant’s additional damages against the Plaintiff on April 27, 2004 (Seoul High Court Decision 2008Da16481, May 26, 2005).

On April 13, 2007, the above appellate judgment was finally decided by Supreme Court Decision 2006Da78640.

C. In the above lawsuit, the defendant et al. claimed expenses expected to be incurred until September 28, 2037 considering the average life expectancy of the women of Korea in the case of future nursing costs.