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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of “2. Additional Determination”, and thus, it is consistent with the reasoning of the judgment of the first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act
2. Additional determination
A. According to the fact-finding with respect to the Korean Medical Association of the first instance court, the Defendant’s assertion that the labor disability loss rate should be applied after referring to the U.S. Education Association Disability Evaluation Guidelines (hereinafter “AMA system”) depending on the degree of pressure, in a case where the Plaintiff, as the Plaintiff, pressured pressured pressured strekes were generated, but only preserved treatment was conducted without an operation. In the case of the Plaintiff, the labor disability loss rate is 32% (7 years only) or pressure rate is 24%. As the Plaintiff’s labor disability loss rate is 32% (7 years only) or pressure rate is 12.8% (i.e., 32% x 40% x below the pressure rate of 25%) applied by AMA method, only the labor disability loss rate of the Plaintiff should be recognized.
B. As the result of the appraisal requires special knowledge and experience in fact-finding, the judge is merely using the knowledge and experience of the person with special knowledge and experience. Thus, it is legitimate to recognize facts or recognize facts based on one or several results of appraisal in accordance with the principle of free evaluation of evidence when there are several different results of appraisal contrary to the same facts, unless it violates the rules of experience or logic.
(See Supreme Court Decisions 87Meu1613, Oct. 13, 1987; 98Da12270, Jul. 24, 1998, etc.). In light of the above legal principles, the following circumstances, namely, (i) the appraisal of the Plaintiff’s labor disability rate, based on the results of physical examination commissioned to the chief of the medical hospital at the time of the first instance court, the results of fact inquiry, and the overall purport of the pleadings, which are acknowledged as being comprehensively considered as the result of fact inquiry into the Korean Medical Association.