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(영문) 서울서부지방법원 2016.04.08 2015가단1638
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 9,481,798 as well as 5% per annum from February 18, 2012 to April 8, 2016 and from the next day.

Reasons

1. Facts of recognition;

A. On February 18, 2012, the Plaintiff received an oral examination from “C value division operated by the Defendant,” following the Defendant’s diagnosis that requires the left-hand love care and preservation of the infant, while undergoing the oral examination.

B. The Plaintiff continued to feel pain and anesthesia even after the procedure was performed, and the Plaintiff visited the Defendant’s hospital on February 22, 2012 and received prescriptions for salt certificates.

Nevertheless, on May 23, 2012, the Plaintiff was diagnosed as a result of the examination by the Seoul National University Dental Hospital on Dental Hospital on May 23, 2012, and was diagnosed as the left-hand lower-hand and this part of the body. On December 10, 2012, the Plaintiff was diagnosed as a result of the examination by the dental hospital at the school hospital at the tobacco household, but the symptoms were not improved.

Grounds for Recognition: Facts without dispute, Gap 1, 2-1, 2, 1, and 2; the purport of the whole pleadings;

2. Determination

A. In light of the following circumstances: (a) there is no evidence to acknowledge that the Plaintiff suffered damage liability had been aware of the sense prior to the love transfer; and (b) there is possibility of causing damage to juveniles in the event of the outbreak of love; (c) it is reasonable to deem that the Plaintiff’s symptoms were caused by the Defendant’s negligence in failing to perform his/her duty of care to avoid damage to juveniles in the course of carrying out the procedure

Therefore, the defendant is liable for compensating for the plaintiff's damages.

B. The scope of liability for damages 1) lost income ① Personal information: The same shall be as indicated in the attached table of calculating the amount of damages. (2) Income and maximum working age: Until he reaches 60 years of age as urban daily wage (the Plaintiff, while operating the restaurant, has earned an average of KRW 5,00,000 per month, but it is insufficient to recognize it solely with the descriptions of KRW 5 and 6.

(3) Labor capacity loss rate: Mabrid Mabro - Mabromone - Mabrone 20% of 3 minutes of trine pathal pathy (based on 5 brain pathal damage).

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