205 Gaz. 1623 Compensation (Definition)

1. thisA (507*** 2******)

Daejeon

2. MediationB (4910**** 1*******)

Daejeon

311*** 1 ********)

Chungcheongnam-Nam Hong-gun

4. DD (810*** 2*****)

Daejeon

[Judgment of the court below]

1. A school juristic person, a character institute;

Seoul Jung-gu Seoul Jung-dong 2 1

Representative Director***

2. E;

Daejeon

[Judgment of the court below]

January 10, 2007

January 31, 2007

1. The Defendants shall pay to each of the Plaintiffs LA 36, 186, 229 won, Plaintiff 1B 5,00,000 won, Plaintiff Mediation, and DaD each of the above 3,00,000 won, and 5% per annum from March 22, 2004 to January 31, 2007, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the litigation costs, 2/3 is borne by the Plaintiffs, and the remainder by the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each of the Plaintiffs EA 325, 406, 582, and Plaintiff CB 20,00,000, and to Plaintiff CB 5,000, and 00, and 5,000, and 000, respectively, and 20% per annum for each of the above amounts from March 22, 2004 to the order of the instant judgment, and from the next day to the date of full payment.

1. Basic facts

A. On March 15, 2004, Plaintiff A visited the Daejeon-dong Emergency Center in the Daejeon-dong operated by the Defendant Educational Institute for the purpose of conducting a basic inspection, but no special circumstance was found.

B. On March 18, 2004, the plaintiff Lee Dong-A continued two copies, and was hospitalized in the above hospital through the neuma and the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic eths

C. The next day, the Plaintiff, upon the diagnosis that he had cerebral cerebrovascular photographs and that as a result, he was determined on the 23th day of the same month as the date of the surgery.

D. However, at around 30, on March 22, 2004, the day before the operation, Plaintiff Lee Dong-A lost consciousness on the wind re-sected by brain dynamics, transferred to a serious patient's room. To treat this, Plaintiff Lee Dong-A was conducted on March 23, 2004.

E. However, the Plaintiff did not fully recover and had disabilities, such as language disorder, food confusion, and low recognition function.

F. The defendant EE is a medical specialist of the above Daejeon Ama Hospital, who has been in charge of the overall diagnosis and treatment of the plaintiff AA, and the plaintiff IB is the husband of the plaintiff A, the plaintiff ChoCC, and ChoD are women's children.

[Evidence] Facts without dispute, Gap's evidence Nos. 1 through 12 (including each number), Eul's evidence Nos. 1 through 6, the result of the commission of physical examination to the director of the Chungcheongnamnam University Hospital in this Court, the result of the entrustment of medical examination, the results of fact inquiry, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Grounds for liability

(1) In the case of cerebral tension surgery, it is known that there are two parts of each body by dividing it into early surgery and delayed surgery according to the time of the surgery. In other words, delayed surgery to be performed after one or two weeks of the surgery is stable, cerebral ties are reduced, and there is a low possibility of occurrence of cerebral ties after the surgery, and there is a high possibility of reducing the rate of death after the surgery, but there is a high controversy over the rate of death and after the surgery, which can be actively prevented from performing cerebral cerebral tension surgery by actively preventing cerebral anesthesia surgery from being performed within 7 hours after the surgery.

(2) (2) In the case of a prop-propoper-propoper-propoper-propopered-propopered-propopered-propoper-propopered-propopered-propopered-propoper-propoped-propoped-propoper-prop

The core of treatment is to prevent the re-rupture of cerebral chrons, etc. from being re-ruptured, as it is possible to expect a good example according to the patient's condition prior to the operation, so it is the core of treatment to prevent the re-rupture of the re-rupture.

(3) The cerebral chron fever is the highest for not more than 24 hours after the first malgo, and thereafter the 1.5% average of 1.5% per day is generated from re-exploiting to patients. The probability rate of re-exploiting to re-exploiting during a period of time is lower, and the cumulative probability rate of re-exploiting to occur within two weeks is known to approximately 19%, and about 50% of the cumulative probability for six months.

Therefore, it is most important to prevent re-frequency by implementing cerebral crypology, etc. after the first outbreak. Although discussions on early surgery and the termination points of delayed surgery have been discussed, as the development of sacrine surgery techniques and the treatment methods for the sacrine cryption after surgery have been improved, there is an opinion that early surgery would be desirable as far as possible, except in cases where the patient's state is bad, or it is difficult to operate or it is highly difficult to operate cryption.

(4) In the instant case, Defendant EE: (a) on March 18, 2004, there were signs suspected of cerebral tension to Plaintiff E-A after diversizing the two parts of the climatic dypology; (b) on the part of Plaintiff E-E, it should have confirmed the patient’s condition by performing cerebral dypology photographs as soon as possible; (c) on the part of Plaintiff E-A, e-mail was located in the front cycle; (d) on the part of Plaintiff E-A, e-mail was not easy to conduct surgery; (e) Hunt & Hs clinical level of the patient was leveled to exceed Grade II; and (e) on the part of the patient’s clinical condition at the time of e-mail, the e-mail surgery was conducted to delay cerebral dypine I, and thus, the e-mail surgery was conducted to prevent the e-mail surgery from being conducted in violation of its initial duty of care.

The Plaintiff’s brain ties of thisA, thereby causing interference to his female, such as language disorder, food confusion disturbance, and degradation of recognition function.

(5) The Defendants are suspected of breeding on the left-hand upper-hand side as a result of the chest X-ray test against the Plaintiff EA.

Since waste CT photographing was required, the operator of the surgery was delayed to conduct the surgery after confirming the result. However, according to the evidence Nos. 1 and 11, Defendant EE did not consider waste CT photographing in determining the date of the surgery for Plaintiff EA, and it was not a serious situation to the extent that it would be possible to conduct the surgery at the expense after confirming the conditions of Plaintiff EA at the time, and even if it is necessary to do so even within a short time, it should have been avoided the time of the surgery in front of the time of the surgery, and even if it should have been reduced to the risk of the throthrosis, the above assertion by the Defendants is without merit.

(6) Accordingly, Defendant EE and its employer are liable to compensate for damages suffered by Plaintiffs EA and their families due to the mistakes in the performance of their respective duties as above by Defendant EE.

B. Limitation on liability

In this case, there is no possibility of denying the Defendants’ responsibilities for medical treatment, but the issue of determining the time of the operation of the brain be a single task for early surgery and delayed surgery, and therefore, from the beginning, one-time evaluation cannot be conducted to the effect that the time of operation is superior to a conclusive one from the beginning. Therefore, from the perspective of the doctor, it is unreasonable to determine the time of operation by taking into account the patient’s condition specifically in individual cases, and to complete the decision. In addition, considering all circumstances such as the lack of the general hospital’s current performance to treat many patients and to write the date of operation, it is reasonable to limit the ratio of the Defendants’ responsibilities to 20% in light of the principle of justice and equity.

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 the KRW 126,410,934, 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, based on the facts of recognition and assessment as follows (1).

(1) Facts of recognition and evaluation;

(A) Gender: Women, date of birth: July 24, 1955; 48 years of age and seven months of age at the time of the accident;

Name of lease: 19. 5 years (based on December 19, 2005, the physical appraisal date)

(B) Monetary assessment of operating capacity: 52,374 won, around March 2004, for daily wage;

On July 2004, 52, 565 won, January 2, 2005, 52, 585 won, and 55,252 won, around July 2005,

is the same.

(C) M&ADD - 100 per cent

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

[Evidence] Facts without dispute, the empirical rule, the result of the commission of physical appraisal to the president of the Chungcheongnamnam University Hospital in this Court, the purport of the entire pleadings

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

(A) One month from March 22, 2004 to April 30, 2004

52, 374 won x 22 days x 0.958 = 1, 147, 388 won

(B) Six months from July 1, 2004 to December 31, 2004

52, 565 won ¡¿ 22 days ¡¿ 5.85 ( = 773- - March 958) = 6,728, 687 won

(C) Six months from January 1, 2005 to June 30, 2005

52, 585 won ¡¿ 22 days ¡¿ 5.07 ( = 15580- - September 773) = 6,571, 831 won

D) 120 months from July 1, 2005 to July 23, 2015

55, 252 won x 22 days x 92. 1094 = = 5674 - 15. 4580 = 111, 963, 028 won

(e) Total amount: 126, 410, 934 = (a) + (b) + (c) + (d)

(b) Medical expenses;

(1) Costs of purchase of assistive devices

(2) Expenditure content: at intervals of five years, including that first disbursed on March 22, 2004 (the date of the accident)

500, 000 won 5 times disbursement

(3) Calculation: 500,000 won x 3.5268 ( = 1,000 + 8000 + 0. 000 + 6666 + 5714 + 5000%) x (100%)

80%)/ 100 = 352,680 won

[Evidence] The result of this Court's commission of physical examination to the Head of the Chungcheongnamnam University Hospital Hospital

(c) Nursing expenses;

(1) Expenditure: 26 days from March 22, 2004, 187 ( = 52, 374 x 1/2) - 40 days each by 40 days.

(2 months after the date of the accident) shall be paid on a temporary basis at the end of the

Calculation: 26, 187 ( = 52, 374 x 1/2) x 40 days x 0. 917 = 1,038, 785 won

(2) Expenditure content: 26 from May 1, 2004 to 1, 200, 282 ( = 52, 565 x 1/2) Won 123 days each by 123 days.

(6 months after the date of the accident) shall be paid on a temporary basis at the end of the

Calculation: 26, 282 ( = 52, 565 ¡¿ 1/2) Won ¡¿ 123 days ¡¿ 0. 6 = 3, 153, 808 won.

(3) Expenditure: 26 days from September 1, 2004 to 1, 202, 292 ( = 52, 585 x 1/2) Won, each of which is opened for 242 days.

(14 months after the date of the accident) shall be paid on a temporary basis at the end of the

Calculation: 26, 292 ( = 52, 585 x 1/2) x 242 x 0. 9448 = 6,011, 444 won

(4) Expenditure: 26 from May 1, 2005 to 1, 200, 545 ( = 53,090 x 1/2) Won 123 days each, respectively.

(18 months after the date of the accident) shall be paid on a temporary basis at the end of the

Calculation: 26,545 ( = 53,090 x 1/2) x 123 days x 0. 9302 = 3,037,135 won

(5) Expenditure content: From September 1, 2005 to 27, and 626 ( = 55, 252 x 1/2) to June 19, 2025, respectively.

(7), 232 days) require opening and temporary payment on the last day of the incident (255 months after the date of the accident).

Calculation: 27,626 ( = 55, 252 ¡¿ 1/2) Won ¡¿ 7,232 days ¡¿ 0. 4848 = 96, 858, 789 won

(6) Total amount: 110, 099, 961 = (1) + (2) + (3) + (4) + (5)

[Evidence] The result of this Court's commission of physical examination to the Head of the Chungcheongnamnam University Hospital Hospital

(d) limitation on liability;

(1) The defendant's ratio of liability: 20% (see the above 2-B et al.)

(2) Calculation

Plaintiff A’s property damage = KRW 236,863,575 ( = lost income + KRW 126,410,934 + treatment

Non-352, 680 won + Nursing expense 110, 099, 961 won) ¡¿ 20/100 = 47, 372, 715 won

E. Determination of set-off of medical expenses by Defendant School Foundation to Tol Private Teaching Institutes

(1) The assertion

The defendant school foundation asserts that the plaintiff's character institute set off the damage claim of this case against the plaintiff's damage claim of this case in 87, 288, and 288.

(2) Determination

(A) According to the evidence Nos. 6-1 and 2-A, since the medical expenses of the Plaintiff’s Defendant School Foundation were 3,702, and 468 won from March 18, 2004 to October 31, 204, and the amount was 7,148, and 350 won from November 1, 2004 to December 31, 2004; 21, 209, 30, 450 won from January 1, 2005 to June 30, 2005; 21, 206, 8, 300 won from January 1, 2005 to June 30, 2005; and 30, 50 won from August 21, 2005 to June 1, 206; and

(B) The considerable portion of the above medical expenses of Plaintiff A is expenses disbursed to Plaintiff A for treatment of obstacles, such as language disorder, food confusion, and impairment of recognition function, due to the instant accident, and thus, it is not allowed for Defendant A to offset the total amount of the above claims by the automatic claim against the concept of fairness.

(C) However, even if the instant accident did not occur, the aforementioned medical expenses include the expenses that the Plaintiff would have spent for the treatment of cerebral ties and proppospule transfusion of the Plaintiff, and in addition, the amount equivalent to 30% of the above medical expenses claims should be allowed by taking into account all circumstances, such as the details leading to the resulption of cerebral ties and the degree of negligence of the Defendants.

(3) Calculation

Plaintiff A’s property damage: 47, 372, 715 - 26, 186, and 486 won ( = 87, 288, 288, 288 won x 30/100)

= 21, 186, 229 won

(f) Consolation 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: 15,00,000 won

Plaintiff B: 5,000,000 won

Plaintiff ChoCC, ChoD: each 3,000,000 won

4. Conclusion

Therefore, the defendants are reasonable to dispute the scope of their duty to perform from March 22, 2004, which is the date of the accident of this case, with respect to plaintiffs Lee Dong-A (21, 186, 229 won (property damage) + 15,00, 000 won (property damage)) to plaintiffs Cho Jae-B, 5,000 won, 3,000 won to plaintiffs Cho Jae-D, 3,000, and 3,000 won for each of them, and 200 won for each of them, which are the date of this case, from March 22, 2004 to January 31, 2007, which is the date of this decision, and therefore, the defendants' claims for late payment damages are dismissed within the scope of their duty to perform under the Civil Act, and there is no reason to accept each of the plaintiffs' claims for late payment damages from the next day of this case.

Judges Hwang Sung-ju

Judges Cho Jae-won

Judges Shin Jin-hun