206 Gaz. 4704 Compensation (Definition)

1. thisA (6103*** - 2*******)

2.B (5601**** 1*******)

3.CC (8202** - below)

4. DoD (8401**** 2******)

5. E (8612*** - 2******)

6.F (8904*** 1******)

The address of the plaintiffs, Chungcheongnamsan-gun

[Judgment of the court below]

Plaintiff 5, 6 is a minor,

AB by a person with parental authority; AB by a person with parental authority

1. UG (6909**** 1******)

Daejeon

2. The Korea Institute of Education for the school foundation;

Egsan-si 26

Seo-gu Daejeon District Court 685

Representative President Kim**

[Judgment of the court below]

January 10, 2007

January 31, 2007

1. The Defendants shall pay to each of the Plaintiffs E-A 62, 982, 261 won, and to Plaintiff E-B 5,00,000 won, Plaintiff E-CC, E-D, E-E, and E-F each amount of KRW 1,00,00,000 per annum from January 20, 2005 to January 17, 2006, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of lawsuit shall be borne by each of the plaintiffs and the defendants 1/2.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each of the Plaintiffs EA 142, 232, and 456 won, and to the Plaintiff B 10,00,000 won, the PlaintiffCC, ED, EE, EF respectively, 5,00 won per annum from January 20, 2005 to the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

1. Basic facts

A. On January 19, 2005, Plaintiff LA was hospitalized in K University Hospital located in the Seo-gu, Seo-gu, Seoul Special Metropolitan City, which was operated by the Defendant Educational Institute on January 19, 2005. On the 20th of the same month, Defendant UG, the doctor affiliated with the above hospital, diagnosed that the left-hand side of the Defendant UG, "JJ" was the JA, and showed symptoms on the left-hand side.

B. Therefore, even though the Plaintiff was subject to the Defendant UG’s Escopic pressure on the same day, the Plaintiff left symptoms where the Plaintiff’s Escopic scopic scopic scopic scopic scopic scopic s

C. The plaintiff Lee Dong-B is the husband of the plaintiff Lee Dong-B, and the plaintiff thisCC, ED, E, E, and EF are children of the plaintiff Lee Dong-B.

[Evidence] Facts without dispute

2. Occurrence of liability for damages;

A. Grounds for liability

(1) On January 20, 2005, there is no evidence to prove that the Plaintiff had an internal symptoms before the surgery, after being performed a franchisium surgery from Defendant UGG, immediately after being performed a franchisium surgery, and that there was an internal symptoms before the surgery.

(2) The stimule stimule stimule is a disease of which the stimule pattern created by leaving the stimule to the stimule and destroying the surrounding organization. As a result, when small a small stimule stimule is gradually growing, it may cause pressure within ear, fall short of honest and may cause symptoms to fall short of honestity. In the event that the stimule stimule stimules or the bones of the stimule stimule and its surroundings are spread and spread, it may cause a merger certificate of eupa in serious cases by inducing serious mergers with brain, face, face, etc.

(3) As to this, the Defendants asserted that the e-mail symptoms shown in this case were based on the e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail.

In light of the above, it is reasonable to view that the symptoms of the plaintiff Lee In-bok were caused by the negligent negligence of the plaintiff Lee In-bok while performing an operation by the defendant UG.

(4) Accordingly, Defendant UG and its employer are liable for damages suffered by the Plaintiffs due to negligence in the performance of their duties.

B. The Defendants asserted that, even if the Defendant UG’s damage to the Plaintiff’s inner pathy during the surgery, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

Although it was found that the eromatic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopics

B. Limitation on liability

However, as seen above, it is sufficiently anticipated that the progress of the plaintiff Lee Jong-A was spreading to a considerable extent at the time of the surgery, and the difficulty in the procedure was sufficiently anticipated. In addition, the defendant UG is limited to the scope of the liability to be compensated by the defendants in accordance with the principle of fairness in light of all the circumstances, such as the removal of the progress for the life and health of the plaintiff Lee Jong-A-A-in in the course of the operation, and the loss was reduced, resulting in this case.

[Evidence] In the absence of dispute, Gap evidence Nos. 1 through 11 (including each number), Eul evidence Nos. 1 through 9, and the result of the court's entrustment of physical examination to the president of the Chungcheongnamnam University Hospital; the result of the court's entrustment of medical examination to the president of the Korea Compensation Medical Association; the result of each inquiry to the president of the Chungcheongnamnam University Hospital and the President of the Korea Compensation Medical Association

3. Scope of damages.

(a) Actual income;

The actual income loss equivalent to the monetary total assessment value of the capacity to operate in the instant accident is 34,352,241 won calculated at the present price at the time of the instant accident in accordance with the simple discount method that deducts intermediary interest at the rate of 5/12 per month as follows based on the facts of recognition and assessment as follows (1).

(1) Facts of recognition and evaluation;

A) Gender: Women's, date of birth: on March 5, 1961, the birth and age of 43 years and 10 months at the time of the accident; and

Name of lease: 39. 12 years

(b) Monetary assessment of operating capacity: 52,585 won, for an urban daily wage in 2005.

(C)The ratio of injury to the latter and labor capacity;

(1) Mabrod Corde Evaluation Table: II - A - Vocational coefficient 5

(2) Ratio of loss of labor ability: 21%.

③ The Defendants asserted that the value should be lowered in light of the application of the rate of loss of labor ability, but it is not acceptable since there is a lack of evidence to acknowledge it. The Defendants asserted that the Plaintiff’s AA’s e-mail constitutes an incomplete e-mail, and also that the part for relaxing the e-mail e-mail e-mail e-mail e-mail in calculating the e-mail and future treatment expenses.

(D) Maximum working age: Until reaching the age of 60, every 22th day of the month.

[Evidence] Facts without dispute, empirical rule, and fact-finding results of this Court's fact-finding on the Head of Chungcheongnam-Namnam University Hospital

(2) Calculation (less than a month and less than a source shall be converted; hereinafter the same shall apply).

January 20, 2005 to March 4, 2021 193 months

52, 585 won ¡¿ 22 days ¡¿ 21% ¡¿ 141. 40 = 34, 352, 241 won

(b) Medical expenses;

(1) Written treatment costs

5, 416, 470 won (10% - 20%) / 100 = 4,33, 176 won

(2) Future treatment costs (including sex surgery)

32, 244, 00 won x (100% - 20%) / 100 = 25, 795, 200 won

(3) The future treatment costs (neither known nor known)

(A) Expenditure: on January 20, 2005, at intervals of one year, including that first disbursed (on January 20, 2005)

Ro 180,00 won each 39 times disbursement

(B) Calculation: 180,00 x 30 . 0 x 20 x 1. 00 ＋ 9523 + 90 0. 00 + 8695 + 800 + 7692 0. 7. 0 + 646 0. 0 + 646 0. 0 + 646 0. 0 + 645 0. 5 0 + 60 5. 5 00 + 640 5. 5. 5

(4) Total amount: 33,008, 376 = (1) + (2) + (3)

[Evidence] Gap evidence No. 9, and the result of this court's inquiry about the director of the Chungcheongnamnam University Hospital

(c) Nursing expenses;

Details of expenditure: 52,585 won per day for 26 days.

Calculation: 52,585 won x 26 days = 1,367, 210 won

[Evidence] The empirical rule and the result of fact-finding on the Head of the Chungcheongnamnam University Hospital in this Court

(d) limitation on liability;

(1) The defendant's ratio of liability: 80% (see the above 2-B et al.)

(2) Calculation

Plaintiff A’s property damage = KRW 68, 727,827, 827 ( = lost income 34, 352, 241 + medical expenses

33, 008, 376 won + nursing expense 1, 367, 210 won) ¡¿ 80/ 100 = 54, 982, 261 won

(e) Condolence money;

(1) Reasons for consideration: The plaintiffs' age, the background and result of the accident of this case, the degree of fault on the part of the victim, and other circumstances shown in the arguments of this case.

(2) The amount determined.

Plaintiff EA: 8,00,000 won

Plaintiff B: 5,000,000 won

Plaintiff CC, ED, E, E: 1,000,000 won, respectively.

4. Conclusion

Therefore, the defendant is reasonable to dispute the scope of the defendant's duty to perform from January 20, 205 to January 31, 2007, which is the date of this case, with respect to the plaintiff Lee Dong-A-A-B-B-B-B-B-P-B-B-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P.

Judges Hwang Sung-ju

Judges Cho Jae-won

Judges Shin Jin-hun