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(영문) 창원지방법원 2018.09.14 2018나51321

손해배상(기)

Text

1. Of the judgment of the first instance, the part against Plaintiff A, including the Plaintiff’s claim extended by this court, is as follows.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, on the grounds that the court of first instance is identical to the reasons for the judgment of the court of first instance, except for the following “2. height judgment” and “3. additional determination,” and thus, it is acceptable as it is

2. The part of the judgment of the court of first instance concerning the determination of future medical treatment costs between the 4th page 5 and 11 is as follows.

In full view of the statement No. 9, the results of the physical examination of the head of the Dong University Hospital of this court, and the purport of the entire pleadings, the plaintiff A is acknowledged to have been expected to have spent KRW 4,792,040 as expenses incurred in surgery on the alleys of the Ana University Hospital of this court, and 4,792,040, as stated in the attached Table 1, since there is no evidence to acknowledge that the plaintiff paid the above expenses by the date of the closing of argument in the trial, the above KRW 4,792,040 for the convenience of calculation shall be deemed to have been disbursed on August 18, 2018, which is the day following the date of the closing of argument in the trial of this case, and it shall be KRW 4,197

3. Additional determination

A. As to the Plaintiff’s claim for physical examination costs, the Plaintiff sought payment of KRW 1,104,540 for physical examination costs following the physical examination commission to the head of the Dong University Hospital of the first instance court. However, in full view of the Plaintiff’s statement No. 11 and the purport of the entire pleadings as a result of the first instance court’s physical examination commission to the head of Dong University Hospital of the first instance court, the above physical examination costs are deemed to be the amount paid by the Plaintiff as the expenses for the instant lawsuit, which were paid as the expenses for the instant lawsuit and can be repaid through the final procedure, and thus, there is no benefit to seek a separate lawsuit (see, e.g., Supreme Court Decision 9Da68577, May 12, 200). The Plaintiff’s claim for this part of this case is unlawful.

B. The victim's operating ability is partly complete due to the tortfeasor's illegal act with regard to the claim for retirement allowances against the Plaintiff A.