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(영문) 대구고등법원 2021.03.31 2020나21733
손해배상(의)
Text

All appeals by the plaintiffs and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

3. Order of the court of first instance.

Reasons

1. Prior to the amendment of the judgment of the court of first instance on the part of the court of first instance, the deceased was killed due to side effects, such as symptoms, pulmonary f67,688, which were not de facto, caused by the deceased’s breach of the above duty of care. Thus, the Defendant shall pay the deceased a total of KRW 836,667,688 (i.e., average monthly income of 8,302,191 in 2015 x 2/3 x 151.1651 x 151 x 100% labor ability loss x 100,667,688 won (i.e., 86,67,688, 100,000 won).

However, since the deceased died and succeeded to the damage claim of the plaintiffs, the defendant should pay damages to the plaintiff A as compensation (i.e., the above 936,667,688 won x funeral expenses of the plaintiff A 3/7 funeral expenses of the plaintiff 50,000,000 won x the consolation money of the plaintiff A 50,000), the plaintiff B, and C respectively 292,619,339 won (=the above 936,667,688 won x the consolation money of the plaintiff 2/7,00,000 won x 25,000,000 won), and each delay in payment of damages.

After revision, the deceased died due to side effects, such as symptoms, pulmonary mar, and pulc pressure, which are not vertical soil, caused by the Defendant’s breach of the above duty of care. Thus, the Defendant paid the deceased the damages compensation amounting to KRW 361,750,58 (i.e., death (i., the amount calculated by applying the urban daily wage of a beauty artist from November 18, 2016 to June 8, 2039, on the basis of the day when the operation was completed, from November 18, 2016, on the basis of the urban daily wage of a beauty artist from June 22, 200, living cost of KRW 10,000,000, funeral expenses of KRW 5,000, funeral expenses of KRW 46,750,588,000, KRW 361,7588,000,000 and KRW 805,000).

Therefore, the defendant is liable for damages within the scope of liability of the plaintiffs A, as claimed by the plaintiffs, and the plaintiff A's 105,732,268 won [=100,732,268 won [the above 446,750,58 won x 3/7 of inheritance share x the remaining balance after the limitation of liability].

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