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(영문) 수원지방법원안산지원 2020.08.19 2019가단53986
손해배상(기)
Text

The defendant shall pay 6,868,280 won to the plaintiff and 5% per annum from June 11, 2016 to August 19, 2020 and the next day.

Reasons

1. In full view of the occurrence of liability for damages, the evidence Nos. 1 through 11, 23, Eul evidence Nos. 3, and the purport of the entire argument as a result of the inquiry and reply of the fact to the C Association of this Court, the defendant, who is a doctor, conducted an IPL Limited Lat (hereinafter “instant procedure”) on June 11, 2016 for the purpose of beauty. As a result, the plaintiff conducted an excessive procedure after confirming the condition of the plaintiff’s skin, etc. and conducting an adequate procedure, it can be acknowledged that the plaintiff suffered an injury to the fluore flacing.

(1) The plaintiff asserted that the plaintiff suffered pictures of the entire face face from the instant procedure, but the evidence submitted by the plaintiff alone is insufficient to acknowledge the above injury, and there is no other evidence to acknowledge it, and therefore, the plaintiff's assertion in this part is not accepted) is liable to compensate the plaintiff for damages caused by the above injury.

However, considering the circumstances revealed in the aforementioned evidence, namely, the Plaintiff’s liability is limited to 70% by taking into account the fact that the Plaintiff did not make adequate efforts to prevent the spread of damage, such as immediately receiving appropriate treatment immediately after the instant procedure.

2. Scope of damages.

A. Comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 9 through 13, the Plaintiff’s spending of KRW 63,400 for the medical expenses of September 7, 2016 at the D Hospital and spending KRW 627,00 for E on October 25, 2016, and KRW 550,000 for each of E on January 24, 2017 can be acknowledged. Accordingly, the above aggregate of KRW 1,240,40 for the medical expenses of the Plaintiff’s above injury shall be deemed damages for the medical expenses of the Plaintiff.

The Plaintiff asserts from the above E members to October 25, 2019 that the sum of KRW 6,300,000, which occurred from August 9, 2018 to October 25, 2019, is the medical expenses incurred from the above injury. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the causal relationship with the injury recognized earlier, and there is no other evidence to acknowledge it. This part of the Plaintiff’s assertion is without merit.

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