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(영문) 서울중앙지방법원 2019.05.23 2018가단5121236
손해배상(의)
Text

1. The Defendants jointly share KRW 4,814,045 with respect to the Plaintiff and the period from May 15, 2018 to May 23, 2019.

Reasons

1. Comprehensively taking account of the purport of evidence No. 1-1 and evidence No. 4 of the Plaintiff’s liability for damages, the Plaintiff was subject to criminal punishment of injury caused by occupational negligence on March 21, 2017 on the part of the Defendant’s assistant nurse C, employed by the Defendant B, who received an incubation surgery from the Defendant’s assistant nurse C around 13:00 on March 21, 2017, where alcohol is loaded, and the Defendant C suffered an in-depth 2-proof image on the body line. The Defendant C was subject to criminal punishment of injury caused by occupational negligence on the part of the Defendant’s breach of duty of care.

According to the above facts of recognition, Defendant C is a tort, and Defendant B is the employer of Defendant C, so the Defendants are jointly liable to compensate the Plaintiff for damages caused by pictures.

2. Less than KRW 1 and less than monthly shall be discarded for the convenience of calculating the scope of liability for damages, and the computation of the current price at the time of the accident shall be made in accordance with the method of door-fmaning reduction.

[Ground of recognition] Evidence A No. 8 and the result of the fact-finding conducted on November 2, 2018 for E Hospital of this Court, the result of the fact-finding conducted on August 22, 2018 for E Hospital G and doctors of this Court, and the purport of the entire pleadings.

A. The Plaintiff asserted that the king treatment cost was KRW 2,040,870, which was paid by the Defendant (i.e., medical expenses KRW 1,181,635 incurred by the Plaintiff) (i.e., KRW 878,390). However, according to the evidence No. 8, the Plaintiff’s assertion that the treatment cost incurred from May 18, 2017 to March 16, 2018 is recognized as KRW 1,181,635 (the issuance of a medical certificate recognized as other damages and the estimate amount of the future treatment cost should be determined as separate items). Thus, the Plaintiff’s assertion of the king treatment cost exceeding the above amount is not accepted.

B. Future treatment costs: 1,090,800 Plaintiff claimed for future treatment costs of KRW 3,100,000 on the basis of the evidence No. 6 (Presumption of Pre-treatment Costs). However, evidence No. 6 of the Plaintiff’s medical treatment is appropriate when the reflective treatment was committed by the Plaintiff due to the instant accident.

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