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(영문) 춘천지방법원 2018.05.15 2017구합50179
부당이득금징수처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On November 26, 2012, the Plaintiff suffered bodily harm from sloping, sacriffing, and sacratal damage caused by sacrifine, sacrating, and sacratal damage to the bottom of a swimming pool in the indoor swimming pool operated by the Daegu Urban Corporation on November 26, 2012.

(hereinafter “instant accident”). The Plaintiff and his family members filed a lawsuit seeking damages against the Daegu Urban Corporation, the said Suwon Urban Corporation, as the Daegu District Court 2013Gahap6401.

On January 21, 2016, the appellate court of the instant case (Tgu High Court 2014Na23141) recognized the liability for damages of Daegu Urban Corporation, etc., and limited the liability of Daegu Urban Corporation, etc. to 50%, where the Plaintiff was negligent in not seeking the safety of the Plaintiff, and the Plaintiff’s fault contributed to the occurrence of the instant accident and the expansion of damages.

Meanwhile, among the liability for damages recognized by the appellate court, the future treatment costs are KRW 134,662,800 (annual 12 million). The details are as follows.

In addition, 12,00,000 won is required each year from the date of completion of life expectancy due to regular tests (urine urine urgical tests, optical function tests, vertebrate radiation tests), physical therapy (physical therapy and physical therapy for urgical urgical urgical urgical urgical urgical urgicals), drug medication (burgical burgics, and urgical urgical urgicals expenses, etc., and there is no evidence that Plaintiff A paid the money by the date of the closing of oral argument in the trial (the treatment expenses already spent by the date of the closing of oral argument was already included in the urgic urgic treatment expenses) for the convenience of calculation, and the first disbursement is deemed to have been made on January 22, 2016, and it shall be 134,662,800 won when calculated as the present price at the

The above appellate judgment became final and conclusive around that time, and the Daegu Urban Corporation paid to the Plaintiff all the amount recognized by the above judgment including the amount of KRW 67,331,400 (=134,662,800 x 50%) for future medical treatment costs.

The defendant is liable for damages.

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