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(영문) 서울중앙지방법원 2018.06.28 2016가합547133
손해배상(기)
Text

1. The part of the Plaintiff A’s claim for compensation amounting to KRW 70,440 which is equivalent to the physical appraisal cost shall be dismissed among the lawsuits against the Defendants.

Reasons

1. Determination as to the legitimacy of the lawsuit claiming damages equivalent to the costs for physical examination of Plaintiff A

A. The Plaintiff A seeks compensation of KRW 46,740, the sum of physical appraisal fees paid to I Hospital as part of active damages, and KRW 70,700, the physical appraisal fees paid to J Hospital, on the ground that the Defendants suffered pictures by negligence.

(See 2, 38 to 40, 69). (b) No. 38 to 40, 69.

The above amount paid by the plaintiff A for all inspection expenses for the appraisal, as the plaintiff A received the physical appraisal in accordance with this Court's order of appraisal, was not in accordance with the prepayment procedure but directly disbursed.

Even if the cost of appraisal is part of the cost of lawsuit, and the amount paid as such constitutes the cost of lawsuit, and there is no benefit to seek a separate lawsuit because it can be repaid through the procedure of confirmation of the cost of lawsuit.

(See Supreme Court Decision 9Da68577 delivered on May 12, 2000, etc.). Therefore, the above part of the Plaintiff’s lawsuit against the Defendants is unlawful.

2. Facts of recognition;

A. The Defendants are joint business operators of “L” located in Daejeon-gu Daejeon (hereinafter “L”) and the victims of the instant accident, Plaintiff B, and Plaintiff C are children of Plaintiff A as seen below.

B. At around 21:00 on November 25, 2015, Plaintiff A suffered serious images, such as the left arms, sex instruments, clothes, chests, and bridges, etc., in and around the water supply hole around the instant rain or the fifth-story male bath, where Plaintiff A was in the vicinity of the water supply hole around the water supply hole, with the hot water from the relevant water supply hole.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A immediately after the instant accident occurred, the taxi was committed to the Hanam University Hospital using the taxi, and around 22:09 on the same day as the M Hospital, which is a video specialized hospital, A received the early medical examination at around 22:09. The first medical records (Evidence B 6) refer to the depth and wide area of the image “Sup. Map 2 degrees, 36.5%.”

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