용역비
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The Plaintiff’s total costs of the lawsuit after the appeal are filed.
1. Basic facts
A. The occurrence and treatment of the medical accident 1) Defendant A received surgery and treatment from the medical personnel belonging to the Plaintiff on May 1998, and led to the vegetative state of plant life due to the medical personnel’s negligence (hereinafter “instant medical accident”).
2) Defendant A was hospitalized in the hospital operated by the Plaintiff (hereinafter “Plaintiff hospital”) due to the instant medical accident and received treatment.
B. The first medical lawsuit 1) Defendants and Defendants’ children C and D (hereinafter “Defendant A, etc.”)
(2) On January 17, 2003, the appellate court (Seoul High Court 2000Na6368), which recognized the Plaintiff’s medical personnel’s negligence, filed a lawsuit against the Plaintiff for damages. On the premise that Defendant A’s female life is presumed to be on April 23, 2004 (4.43 years of life expectancy), the appellate court rendered a judgment that recognized the Plaintiff’s liability for damages by calculating the lost income, future medical expenses, nursing expenses, consolation money, etc. during the life expectancy period.
The above judgment of the appellate court was affirmed on July 25, 2003 by the Supreme Court Decision 2003Da10261.
C. The second medical lawsuit 1) Defendant A still remains in existence after the life expectancy expected to be the first medical lawsuit, and Defendant A et al. filed a claim against the Plaintiff on April 27, 2004 against the Plaintiff for further damages incurred by Defendant A’s survival beyond the life expectancy initially predicted. 2) The appellate court (Seoul High Court 2005Na2972) recognized Defendant A’s life life on October 18, 2006 as until June 14, 2012 ( maximum of 8.4 years of life expectancy) and additionally recognized the damage, such as future medical treatment expenses until June 14, 2012, and nursing expenses, until September 28, 2037, on condition of the survival of Defendant A.
On April 13, 2007, the above appellate judgment was finally decided by Supreme Court Decision 2006Da78640.
3 In the above lawsuit, Defendant A, etc. 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, while the defendant A, etc. recognized as the result of appraisal in the case of future medical treatment costs.