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(영문) 서울중앙지방법원 2019.01.15 2017가단5207157
손해배상(의)
Text

1. The Defendant’s KRW 7,008,230 as well as 5% per annum from February 8, 2017 to January 15, 2019 to the Plaintiff.

Reasons

A. In full view of various circumstances revealed in the instant pleadings, such as the point, it is reasonable to limit the Defendant’s liability for damages to 60%.

3. The scope of damages in the instant procedure is as follows: (a) the basis for calculation of property and mental damages suffered by the Plaintiff due to the Defendant’s negligence and the violation of the duty to explain, expenses, calculation details and amount.

1) Active damage1) Future medical expenses: 1,563,850 won in total (1,50 won through 13): F hospital and G hospital total sum of 2) Future medical expenses: A total of 1,783,200 won (the result of physical appraisal commission to the head of D hospital) requires phased anti-scambling for three times at intervals of six months: 0 surgery: 182,00 won: 182,00 won/cm x 1.7m = 309,400 won x 0 registration fee for national anesthesia: 17,000 won x 5 days x 85,000 won: 10,000 won x 50,000 won x 50,000 won x 50,000 won x 500,000 won x 40,500 won x x 40500 won x x 5050.

(b) Limitation 1) The Defendant’s liability ratio: 60% 2,008,230 won for property damage calculated after limitation on liability ( = 1,563,850 won for future medical expenses 1,783,200 won) x 60%

C. Reasons for considering consolation money 1: The amount determined as follows: Plaintiff’s age, occupation, health status, the course and result of the instant treatment, and various circumstances revealed in the pleadings of this case, such as the degree of the images of this case, which were generated to the Plaintiff: 5,000,000 won.

D. The Defendant is obligated to pay to the Plaintiff 7,008,230 won = (2,08,230 won + solatium 20,000,000 + damages for delay calculated by the rate of 5% per annum under the Civil Act from February 8, 2017 to January 15, 2019, which is reasonable for the Defendant to resist the existence and scope of the obligation to perform the instant work, and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

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