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(영문) 대법원 1960. 3. 17. 선고 4292민상92 판결

[손해배상][집8민,031]

Main Issues

Scope of damages

Summary of Judgment

Compensation for the expenses incurred in relation to the illegal act of strawing in need of three weeks, and the expenses incurred in relation to the treatment for not less than four months and one year;

[Reference Provisions]

Article 750 of the Civil Act

Plaintiff-Appellee

Kim Jong-ear

Defendant-Appellant

Park Dong-ho

Judgment of the lower court

Seogsan support in the first instance court, Seoul High Court Decision 58 civilian 757 delivered on November 20, 1958

Reasons

The scope of compensation for damages due to a tort is interpreted to be limited to damage related to the tort in question. Although the plaintiff recognized that the degree of injury caused by the defendant's principal case was an sacrife in need of three weeks, the court below did not disclose that there was a reason for the injury caused by the defendant's principal case, and only four months have passed since the above three weeks have passed without disclosing that there was a reason for the injury caused by the plaintiff, and the medical expenses treated by the plaintiff was recognized as damages caused by the defendant's principal act, it is difficult to reverse the interpretation of the substantive law, unless it misleads the value judgment of the macroscise evidence, or

Justices Lee Dong-ju (Presiding Justice)

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