205 Gaz. 13350 Damages (Definition)

1. KimO;

2. OO;

3. OO;

1. A school foundationO;

2. OO;

July 10, 2007

October 16, 2007

1. The Defendants jointly and severally pay 86,58,408 won to Plaintiff Kim 00, 3,000 won to Plaintiff head, and 1,000,000 won to Plaintiff head, and 5% per annum from April 16, 2005 to October 16, 2007, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. 3/4 of the costs of lawsuit are assessed against the Plaintiffs, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

The defendants jointly and severally pay to the plaintiff Kim 00 384,627,567 won, the plaintiff 5,000,000 won, the plaintiff 2,000,000 won to the plaintiff ○○○, and 2,000 won with 5% per annum from April 16, 2005 to the service date of the copy of the complaint of this case, and 20% per annum from the following to the day of full payment.

1. Basic facts

A. Status of the parties

The plaintiff Kim 00 is the husband of the plaintiff Kim 00 and the plaintiff head is the plaintiff Kim 00's child at the medical center of 0000 operated by the defendant school juristic person (hereinafter the defendant hospital). The plaintiff Kim Don was a person who was engaged in crypology and crypology and crypology for the crypology from the defendant 00 to the crypology of the defendant hospital, and the plaintiff head is the plaintiff Kim Kim 00.

B. Operational history at the Defendant Hospital

1) On April 6, 2005, the plaintiff Kim 00 applied to the emergency room of the defendant hospital for the symptoms of maba (finites) and both sides, and the low symptoms of a bridge. The medical personnel of the defendant hospital found the plaintiff Kim 00 to be accompanied by the escape of conical signboards in the latter half of the 5-6th century, and found that the plaintiff Kim 1 was accompanied by the escape of conical signboards in the latter half of the 5-6th century, and confirmed the structural pressure and damage of the finite of the finite, and diagnosed the plaintiff Kim 00's sick name as ① 5-6 second half of the 5-6 second half of the finite, ③ the finite of the finite, and the finite of the finite of the finite.

2) After the above diagnosis on April 6, 2005, the medical personnel of the Defendant Hospital started hospital treatment with Plaintiff Kim 00 for the purpose of treating dystro damage. The above stroke treatment was extended until April 11, 2005, and was implemented for six days in total.

3) Even after the Switzerland treatment as above, the Plaintiff Kim 00’s symptoms were not shown. The Defendant Hospital’s medical personnel decided on April 11, 2005 to conduct a tension surgery on the vertebrate cooperation with the Plaintiff Kim 00. However, as a result of the examination, the Defendant Hospital’s medical personnel, including the Defendant 00, did not immediately conduct the surgery on April 15, 2005. (4) Around April 17:15, 2005, on the part of the Plaintiff Kim 0, the medical personnel of the Defendant Hospital, including the Defendant 00, started the surgery on April 17:15, 200, on the part of the Plaintiff Kim 17:30, the next day on April 16, 2005, on the part of the Plaintiff 1:30, the following surgery was written on the anesthesia surgery (hereinafter referred to as the “instant surgery”).

(b) carry out side ebrates and vertebrates removal tests under mobile radiation testing;

(C) carry out light tearing, light-caping, or light-caping;

(d) organ transplants;

(e)bagbricated b.

(f) influort insertions;

(c) Progress after an operation;

1) After the instant surgery, Plaintiff Kim 00 showed severe marine, urine, and urology on the left-hand side. The Defendant Hospital’s medical personnel re-inception to the Plaintiff Kim 00 and provided rehabilitation treatment, but the above symptoms did not change.

2) The plaintiff Kim 00 currently shows the symptoms of physical paralysis (unchron mathy), urine, and urology on both sides, and the above present symptoms are considered to remain permanently.

(d) Relevant medical knowledge;

1) In the latter type of throstosis, the following is a disease that frequently embrates the bones, in which the verte body, which is the body body protecting diskss and diskss the disc, laid in a brate with solid brates, and pressures or damages the neute’s root and flags by cutting the bones, and frequently causes grostosiss or flags. At the pressure of flags, the symptoms of the flag and low flags are shown above the relevant flag’s control, and the flag symptoms, such as the flag, nature-specific fingers, walking disorder, etc., are shown.

On the other hand, it is difficult to expect an appropriate therapy as a method of preservation, and it is necessary to select an surgery. The surgery must take into account the patient's age and overall condition, and in the case of a severe evaculation, it is necessary to provide surgery in the case of a patient with severe evaculation, and even if symptoms are not severe, in the case of a young young and vertebrate chrone with severe evaculation, it is recommended to perform surgery for the purpose of preventing evaculation, and in the case of severe evaculation with severe evaculation with pressure, it is not sufficiently cured by the preservation necessity method. The surgery can be conducted at the discretion of the eroculation, the eroculation can be conducted at the eroculation or aftermacule.

2) Horizontal signboards escape certificates include: (a) the pressure of studs and neutical flags by the escape of conical signboards into spine pipes; (b) the appeal of studs or gale pains is raised; and (c) the studs and flags of the upper end or the neutic flags are expressed.

3) Inverte inverte flive flive flives, flive flive flive flives, flive flive flive flive flive flive flives of spine, where the flive flive flive flives from spine, and the flive flive flive flive flive flive flives, where the flives

4) The Switzerland method is a treatment method in which, in the event of a sudden damage to water level, the head of the Switzerland is administering the methythnpredrone (one-name penone.) and attempted to recover the megadide within 8 hours from the damage, and is effective for recovery. The method of inserting a large quantity of smed within 30 g/km (second) once in the form of 15 minutes and inserting it over 45 minutes in the form of 5.4mg/km (one time in the form of body) per hour. In this case, due care is required for the merger certificate following the use of the smedide, such as the tradic, etc.

Although the Stheme's operating mechanism is not accurately known, it is known that it is known that the stheme's operating mechanism will be more likely to use the stheme for a long period of not less than 24 hours from the stheme damage patients, stabilizing the cells, extinguishing the sthecium accumulated in the cell, reducing the accumulation of the sthecium, reducing the decentralization, decreasing the s the s the sthemal part of the tissue, and increase the bloods of the waterway. There is no reason to see that using the s the s themed for a long period of not less than 24 hours from the s the s themed use, and the risk of the sthemed's s themed's recovery delay, the s

5) verteculical operations can be largely classified into ionnaculism and genomic therapy. The ionnaculism and ionnaculism are to eliminate the frame that pressures on the ionnacule in ionnacule in ionnacula, and to transplant its bones or other alternative bones in vertebrates below above, and to perform surgery with the above principle by cutting back the ionnacule in ionnacule and ionnacule in ionnaculenaculsis. The ionnaculsis means to remove the ionnacule or other substances to cause any damage to the neaculeth or any other genlacule in ionnacule in vertenacula, and to make the verte in vertenacule in vertenacule in vertenacula in vertenacula in vertenacula, so that the verte in vertelnel in vert.

[Ground] Facts without dispute between the parties, Eul evidence 1 to 9. Eul evidence 1-28, Eul evidence 1-30, Eul evidence 1-30, Eul evidence 1-39, Eul evidence 1-40, Eul evidence 2-1, 2-5, Eul evidence 2-1, and Eul evidence 5, and the result of the court's physical appraisal as to Eul's 1,000 hospital director of this court's 100 hospital director of this court's 100 hospital director of this court's 100 hospital director of this court's 100 hospital director of this court's 28 of Eul evidence 1-1, Eul evidence 1-1, Eul evidence 1-30, Eul evidence 1-1-39, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 5,

2. Occurrence of liability for damages;

A. Determination as to the assertion that the surgery was delayed due to the implementation of the Switzerland Act for a long time

1) The plaintiffs asserted that the Switzerland method of employment volume in general was implemented when acute damage occurred, and that the plaintiff Kim 00 did not cause damage to the Switzerland level that could enforce the Switzerland method at the time the defendant hospital was admitted to the defendant hospital. According to the results of the MRI shooting conducted at the time of the internal organs, the plaintiff Kim 00 did not have any damage to the Switzerland level, and the plaintiff Kim Y00 had any symptoms to the vertebrosion with the verte inverteropo, and there was any symptoms to the verteropo, so in such a case, the operation should be carried out within a rapid time. The medical personnel at the defendant hospital erred in the misapprehension of the function of the Switzerland as a result of the implementation of the long-term Switzerland method, thereby delaying the operation.

2) From the perspective of the overall purport of the oral argument on January 10, 207, the following facts were considered to have effect on the recovery of a large quantity of strokes within 8 hours, and strokes are sufficient if they were administered for 24 hours or longer, even if they were used for strokes for 14 hours or more, it is difficult to view that there is no further outcome on the treatment of strokes for 0 days after the treatment of strokes and 5 days after the treatment of strokes. It is difficult to view that the current strokes and 0 days after the treatment of strokes were carried out for 0 days after the treatment of strokes, and that there is no further increase in the risk of strokesing the strokes of strokes and 0 days after the treatment of strokes for 0 days after the treatment of strokes.

B. Determination as to the assertion that there was damage to the negorithic by neglecting the negorithic during the surgery

1) At the time of the instant operation, the Plaintiffs asserted that Defendant 00, as Defendant 00 was not easy to remove conical signboards, Defendant 5-6 carried out climatic clibing, and that Defendant 5-6 caused the leakage of the amount of water by causing clibing heat due to operational negligence, thereby causing new clibing damage, thereby causing Plaintiff Kim 00 to both sides of the instant operation.

2) In the process of performing the operation to resolve vertec brate coloned vertecule from thropical thropical surgery, it was found that there is a risk of cirrosis in the process of separating the scopical scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics.

However, in light of the situation at the time of the operation, etc. of the Plaintiff KimO, whether there was a leakage of light power and water during the instant operation, and whether there was an inevitable situation in which light of the situation at the time of the operation, etc. of the Plaintiff KimO’s above, it is difficult to conclude that the Plaintiff Kim 00 was in a very high state of damage to the light at the time of the commission of the physical examination of the head of the Plaintiff Kim O on January 10, 2007, even though it was found that the thickness of the structural frame was about 7-8mm, and that it was inevitable to the light wave. Thus, it is difficult to conclude that the medical personnel of the Defendant hospital did not have any other evidence to acknowledge this, thereby allowing the Plaintiff Kim O to leak the light gas during the operation with the Plaintiff Kim 00 so that the amount of the light gas was leaked.

In addition, among the symptoms of physical paralysis (unchronymaf), urine and urology disorder, which are currently shown by Plaintiff Kim 00, the symptoms of urine and urine disorder are symptoms that had never existed before, and a typical disability that may be caused by the gym damage that occurred in the course of the operation. Therefore, the causal link between the error in the medical personnel of Defendant Hospital in the course of the operation and the present disability of Plaintiff Kim 10 is presumed to exist.

3) Therefore, Defendant 00 is a tort, and Defendant 1’s educational foundation is an employer of Defendant 000 and is jointly and severally liable for damages suffered by the Plaintiffs.

C. Determination on the assertion of violation of the duty to explain

1) The Plaintiffs asserted that the medical personnel of Defendant Hospital only provided general explanation on the instant veterinary surgery, but did not explain that there may arise any merger, such as marina expenses, after the surgery.

2) Comprehensively taking account of the overall purport of the arguments in the statement No. 1-28 of the evidence No. 1-28, the defendant hospital's medical personnel prepared the surgery and anesthesia consent from the plaintiff on April 14, 2005, the day before the surgery of this case was conducted. The above surgery and anesthesia consent is written in the same letter as "it is possible to cause negorithic damage in the process of the surgery, and it is possible to cause mathic symptoms or mathic symptoms that had not been done before mathic," and the above part is based on this part, and the statement is written as the medical personnel's own part of the defendant hospital's medical personnel, and the above operation and anesthesia consent cannot be acknowledged as being signed by the plaintiff Kim Jong-man's agent on his part, the husband of this case, her husband of this case. Accordingly, according to the above recognition of the plaintiffs' assertion that the above plaintiffs had sufficiently consented to the above surgery and anesthesia surgery of this case.

D. Limitation on liability

However, as seen earlier, the medical personnel at the Defendant Hospital recognized the medical personnel at the Defendant Hospital’s hospital’s hospital’s hospital’s medical negligence due to lack of evidence to prove that it was inevitable in light of the state of Plaintiff KimO at the time of the Plaintiff Kim 00’s surgery. However, it cannot be ruled out that it was inevitable in the process of separating the light in light of the thickness of the dunes of the dunes, etc. of Plaintiff Kim00 at the time. In light of the fact that the possibility that it was inevitable in the process of separating the light can not be ruled out, the scope of the Defendants’ liability to compensate for damages should be determined from the perspective of fair burden of damages. Accordingly, the Defendants’ liability

3. Scope of liability for damages

A. The plaintiff Kim Jong-soo's lost income

1) Facts of recognition and evaluation

A) Personal information

Gender: Women

Date of birth: The age at the time of an accident on February 15, 1954: 24.47 years reduced by 25% from April 16, 2005, the normal life expectancy of 26.94, the date of occurrence of the accident, as of April 16, 2005, and the end date of the name shall be September 28, 2029.

C) Occupation and income status

Plaintiff Kim 00 is clear in light of the empirical rule that the minimum daily wage may be earned from April 16, 2005, 205 to the age of 60, the maximum working age of 25,000 (=the daily wage of 52,585, the daily wage of 53,090, the daily wage of 52,05, the daily wage of 25,005, the daily wage of 25,005, the daily wage of 25,005, the daily wage of 25,005, the maximum working age of 25,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,00,000).

(1) The latter disability: 38% (the vocational coefficient is applied mutatis mutandis to paragraph (6) of 10%) of the labor ability loss rate for ordinary workers (the vocational coefficient is 76%) by applying mutatis mutandis paragraph (2) of 38% (the two parts, brain, and two navigational clothes on the Mabrid disability Assessment Table). Meanwhile, the plaintiff Kim 00 is accompanied by the escape of conical signboards at the 5-6 later end of the instant operation before the instant operation, followed by the thirroid. The plaintiff Kim 5% of the ability to purchase the 5th half of the instant operation. The plaintiff Kim 5% of the ability to purchase the 8th anniversary of the instant operation, after being accompanied by the 5-6 later end of the instant operation. The plaintiff Kim 1 had already appeared at the end of the instant operation due to severe pressure from the verte, damage to the dyrosis itself, etc., and there was a considerable danger in this regard. Therefore, the plaintiff Kim 3% of the ability to purchase the instant operation.

[Ground of recognition] The statement of Gap evidence Nos. 1 through 3 and 5 (including each number), the result of the commission of physical examination to the director of the hospital of this court, the result of the commission of physical examination to the director of the hospital of this court, the result of the commission of physical examination as of June 18, 2007, the purport of the whole pleadings

2) Calculation (Provided, That the calculation shall be made on April 16, 2005, which is at the time of the instant accident, in accordance with the discount method that deducts interim interest at the rate of 5/12 per month, and, in cases where the wage is changed in the middle of the month, which is the calculation unit for the convenience of calculation, the wage before the end of the relevant month shall be applied, and the amount less than the cost and the period less than the last month shall be discarded; hereinafter the same shall apply): 41,042,50 won as listed below:

A person shall be appointed.

1: 1,012,500

(b) Expenses for medical treatment: 731,505 won (=1,463,010 won x 50%)

[Based on the recognition, Gap evidence 4-1 to 5. Gap evidence 4-9 to 25. Gap evidence 4-27. Gap evidence 7-1 to 20

(c) Expenses for future treatment;

1) Facts of recognition and evaluation

The plaintiff KimO's physical examination date requires at least two physical treatment twice a week from the physical examination date, and the treatment cost is approximately 40,000 won per time.

[Reasons for Recognition] Results of the above physical appraisal commission, purport of the whole argument

(ii)Calculation;

Since there is no evidence to prove that Plaintiff Kim 00 received physical treatment from September 25, 2006, which was the physical appraisal date, to July 10, 2007, which was the date of the closing of the argument in this case, from September 25, 2006, until the date of the closing of the argument in this case, the next medical treatment costs are 5,040,000 won [the next medical treatment costs are 80,000 won per share x 63 weeks (Provided, That the period of less than one week is expected to be discarded, but it is expected that the above physical treatment costs are to be spent in lump sum on September 25, 2008, which was the date of the closing of the argument in this case, and when the present situation was calculated as of September 25, 2008, the contribution rate of the previous medical treatment costs is 201,305,305,3005,305.

(d) Costs of purchasing assistive equipment;

(i) the facts of recognition and evaluation;

The plaintiff Kim 00 needs to pay wheel chairss for five years of life during the life period, and the unit price is approximately KRW 600,000.

[Reasons for Recognition] Results of the above physical appraisal commission, purport of the whole argument

(ii)Calculation;

Comprehensively taking account of the overall purport of the arguments in Gap evidence 4-1 to 44, the plaintiff Kim Kim used 205, five years and around December 2005, and 490,000 won. However, there is no evidence to prove that the plaintiff purchased wheel chairs from April 16, 2005, which is the date of the accident in this case, until July 10, 207, which is the date of the closing of the argument in this case, from July 11, 2007 to September 28, 2029, the above wheel will be deemed to have been spent on July 11, 2005 and 40, and the expenses incurred in purchasing wheel chairss for 1,963, 90, 97, 905, 97, 905, 196, 196, 196, 305, 195, 196, 196, 1065, 1065, 1065, 67, 9.

A person shall be appointed.

(e) Nursing expenses;

(i) the facts of recognition and evaluation;

The plaintiff Kim 00 needs to open for about six hours a day by the general public or family members for preparation of meals, out-of-door access, bathing, etc.

[Reasons for Recognition] Results of the above physical appraisal commission, purport of the whole argument

(ii)Calculation;

Since there is no evidence to acknowledge that Plaintiff Kim 00 disbursed the opening expenses or received the opening expenses by July 10, 2007, which is the date of the closing of argument in this case, the opening expenses can be deemed to have been disbursed from July 11, 2007, which is the day after the date of the closing of argument in this case to September 28, 2029, which is the day after the date of closing of argument in this case, from July 11, 2007, until September 28, 2029, the day after the date of closing of argument in this case. The Plaintiffs seek to apply the urban daily wage of an adult 1 to KRW 56,822, and as requested by the Plaintiffs, the opening expenses in consideration of the contribution rate of kings at the time of the accident in this case are to be 107,963,690 won [(56,822 won x 6/8)] of December 365, 191.

The Plaintiffs are also seeking the payment of transportation expenses on the ground that Plaintiff Kim 00 used a taxi to receive medical treatment at another hospital, but there is no evidence to acknowledge this. Therefore, this part of the claim is without merit.

G. Limitation on liability

1) The Defendants’ liability ratio: 50% (see the aforementioned paragraph (d))

2) Aggregate of property losses after limitation of liability: 76,58,408 won = 153,16,817 won in aggregate of the property losses of Plaintiff Kim 00 = 41,042,50 won in daily income + 731,505 won in future treatment expenses + 2,152,332 won in future treatment expenses + assistant 1,226,790 won in nursing expenses + 107,963,690 won in nursing expenses) X 50

(h) Consolation money;

1) Reasons for consideration: The plaintiffs' age, family relationship. The background and result of the accident in this case, the degree and degree of the disability that occurred after the accident in this case, and other various circumstances shown in the arguments in this case.

2) Amount of recognition: Plaintiff Kim 00 KRW 10,000,000, Plaintiff Head 3,000,000,000, Plaintiff Head 1,000,000

4. Conclusion

Therefore, the defendants are jointly and severally liable to pay to plaintiffs Kim 00 86,558,408 won (property damage 76,558,408 won + solatium 10,000,000 won + solatium 3,000, consolation money 1,000 won to plaintiffs 1,000, and consolation money 1,000,000 won to the plaintiff head of the plaintiff as of April 16, 2005, which is the date of the accident of this case, it is reasonable for the defendants to dispute about the existence and scope of the obligation of this case from April 16, 200 to October 16, 207, which is the date of the sentencing of this case, 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, plaintiffs' claims against the defendants are accepted within the scope of the above recognition, and their remaining claims are dismissed as it is without merit.

The presiding judge, the whole judge;

Allowable Judge

Judge next: