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(영문) 서울중앙지방법원 2016.10.05 2015나65423
손해배상
Text

1. The judgment of the first instance court, including the reduction of the purport of the claim in the plaintiff B’s trial, is modified as follows.

Reasons

1. The court's explanation on this part of the facts of recognition is as follows: (a) the "E AR car" of No. 16 of the judgment of the court of first instance is set up as the "H AAR car"; and (b) the 4th to No. 5th of the judgment of the court of first instance is deemed as the "ATol University Seoul Epia Hospital" of the judgment of the court of first instance; and (c) the "ATol University Seoul Epia Hospital" of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, and thus,

2. The court's explanation on this part of the occurrence of liability for damages is identical to the reasoning of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Scope of liability for damages

A. The plaintiffs asserted that the plaintiffs' assertion is continuing to cause damages due to plaintiff C's assistance in child delivery, and the defendant asserts that the defendant should compensate the plaintiffs for the following damages sustained until now.

1) Plaintiff A’s active damages 1,049,50 won (i.e., KRW 11,00 for issuing a medical certificate of diagnosis + KRW 760,00 for the period of hospitalization of Plaintiff B and C + KRW 154,000 for parking expenses + KRW 4,500 for the purchase cost of uniforms + KRW 120,500 for the purchase cost of uniforms + KRW 8,950,500 for the use of uniforms) + KRW 3,249,672 for Plaintiff B’s passive damages (i.e., KRW 3,452,172 for the normal work) + KRW 9,481,928 won for the early leave of absence + KRW 4,716,929 for the affirmative damages of Plaintiff C, 15,716,929 for the treatment cost of solatium, etc. + KRW 1205,731,929 for the treatment of solatiums, etc.

B. Determination 1) Active Damage: 194,950 won [154,00 won for parking fee paid by the Plaintiff A + 4,500 won for the purchase of uniforms paid by the Plaintiff + 120,000 won for the use of oxygen generating machine paid by the Plaintiff + 70% for the Defendant’s liability ratio] Plaintiff A sought payment of KRW 11,00 for the issuance of a medical certificate. However, the expenses for issuing a medical certificate issued by the Plaintiff as a patient by the Plaintiff cannot be deemed to be damages that are recognized as proximate causal relation with the instant case.

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