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(영문) 수원지방법원 2020.01.16 2018가단540991
손해배상(기)
Text

1. The Defendant’s KRW 13,691,121 as well as the Plaintiff’s annual rate from May 13, 2018 to January 16, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are all patients hospitalized in the Dvalescent Hospital in Suwon-si C.

B. At around 19:30 on May 13, 2018, the Plaintiff assaulted the Defendant on the ground that the Defendant continued to use the sports device called “cocon” installed at the hospital’s first floor without yielding it, and that he/she did not carry out a dispute while displaying stick, displaying the Defendant’s left hand, and making the Defendant take back the Defendant’s back water on one occasion by drinking.

Accordingly, the Defendant, who was making the Plaintiff’s bridged and pushed off the floor by cutting down the bridge (hereinafter “the Defendant’s act”), and due to the instant assault, the Plaintiff suffered injury, such as the Plaintiff’s breathing on the right side of the breath, the two breathing of the breath, the two breathings on the left side of the breath, and the two breathings on the left side of the breath, the right breathings on the right side, and the breathings on the breathal part of the bla

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of liability, the defendant is liable to compensate for all damages suffered by the plaintiff due to the assault of this case as a tortfeasor who committed the assault of this case.

B. It is reasonable to view that the instant assault by the Defendant subject to limitation of liability was caused by the Plaintiff’s assault, and thus, the Defendant’s responsibility is limited to 70%.

3. Scope of damages.

A. According to the statement in evidence A of evidence No. 6 of the costs of emergency medical treatment (1) 1,149,950 (Evidence A 5) (2) , the Plaintiff may recognize that the Plaintiff spent medical treatment costs of KRW 170,340,00 in total, from May 16, 2018 to August 22, 2018, for the purpose of treatment and treatment of the unexploited and unafed aggregate of the cost of 1,149,950 (Evidence A 5) (2) , which was incurred by the instant assault.

However, according to the statement No. 12, the plaintiff is the assault of this case.

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