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The part of the judgment of the court below against the defendant concerning the king medical expenses shall be reversed, and this part of the case shall be reversed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, where the victim was negligent in the occurrence or expansion of damages in a tort compensation case, it should be taken into account as a matter of course in determining the scope of liability for damages. However, the fact-finding or determination of the ratio of comparative negligence is within the exclusive authority of a fact-finding court unless it is deemed that it is considerably unreasonable
(1) In light of the records, the court below’s fact-finding or its determination that the plaintiff’s negligence is 15% within the scope acceptable and it is not considerably unreasonable in light of the principle of equity. Thus, as otherwise alleged in the ground of appeal, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending the legal principles on comparative negligence and limitation of liability, as otherwise alleged in the ground of appeal.
2. As to the ground of appeal No. 2, this part of the ground of appeal is merely a dispute over the selection of evidence and the propriety of fact-finding which belong to the court below's exclusive jurisdiction, and it cannot be viewed as
Furthermore, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the method of determining the rate of loss of labor ability, without failing to exhaust all necessary deliberations in its judgment that recognized the injury with an external stress disorder as having a causal link with the instant accident.
3. Regarding ground of appeal No. 3
A. The part of the hospital’s hospitalization and treatment cost (2,021,610 won) is one for another’s tort and seek compensation for damages arising therefrom.