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(영문) 서울중앙지방법원 2016.08.26 2016나25187

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff asserted that the Defendant was liable for damages under the State Compensation Act, and claimed property damages and consolation money.

In this regard, the judgment of the first instance court dismissed the plaintiff's claim for damages and partly accepted the claim for consolation money.

B. The Plaintiff and the Defendant appealed respectively, but the court prior to the remand dismissed both appeals, and only the Defendant appealed.

However, the Supreme Court accepted the defendant's appeal and reversed the part against the defendant in the judgment before remand and remanded to this court.

C. Therefore, the scope of this Court’s adjudication is limited to the legitimacy of the consolation money cited by the first instance judgment.

2. Basic facts

A. On December 30, 2009, the Plaintiff applied for the Military Department of B University at a regular and regular university admission in 2010, and was selected as a military scholarship student upon the determination of “the first grade level first higher” in the physical examination for the recruitment of the military department conducted by the Army Training District Hospital on December 30, 2009. From March 201, the Plaintiff received education from the Military Department of B University from March 2010.

(A) At the time of the above physical examination, the plaintiff's blood plate value was not inspected.

B. On November 5, 2010, the result of the regular physical examination of military funeral students conducted by the Army Training District Hospital was determined as having been “a comprehensive physical examination of class 7 higher level” under the Land Regulations 161-7-D on the ground of the certificate of decrease in the blood plate by the Plaintiff.

At the time, the Plaintiff’s blood plate number was 108,000, and thereafter, the result was 116,000 (7th re-examination judgment) in the precise examination conducted on December 20, 2010, and 88,000 (7th re-examination judgment) in the precise examination conducted on December 27, 2010.

C. On December 29, 2010, the Plaintiff was inspected at the Aju University Hospital on the horse blood crypology, and the doctor D of the said hospital was at the time “at a special level, the opinion was not found in the form of white blood, red blood, and blood plate.” However, the blood plate value decreased compared to the normal condition.

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