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(영문) 서울중앙지방법원 2016.01.12 2015가단5103718
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 31, 2010, the Plaintiff was diagnosed of drilling, scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

B. The Plaintiff filed a claim for damages against the Defendant under this Court 2012da104494, and the result of the physical examination on July 23, 2012 of the following contents.

The symptoms have become worse or worse due to external wounds in the state where the king and the king of the king of the king of the king of the king of the king of the king of the Republic of Korea.

60% of involvement in the king Nos. 4-5, 9.6% of the labor ability loss rate due to the escape from the lag of the 4-5, permanent disability, physical therapy and pharmacologic for two years after the water, 60% of the involvement in the lag, 5.6% of the labor ability loss rate due to the lagal base, 5.6% of the lag, and the market for two years after the water.

C. On October 8, 2013, the judgment accepting part of the Plaintiff’s claim was rendered and the judgment accepting the Plaintiff’s claim was rendered on October 8, 2013, and the Plaintiff appealed as this Court 2013Na56975, but the judgment was rendered on June 27, 2014, and the Plaintiff appealed as Supreme Court Decision 2014Da52292, but the judgment dismissing the appeal was rendered on October 30, 2014.

[Ground for Recognition: Facts without dispute, Gap's evidence, Eul's evidence, Eul's evidence, Eul's whole purport of pleading]

2. Judgment on the parties’ assertion

A. Unlike the result of the Plaintiff’s physical appraisal of the suit related to the Plaintiff’s assertion, even if two years have passed since the award, it still remains detrimental to the convaluation, and thus, the Defendant should pay additional compensation.

B. The defendant's lawsuit of this case is unlawful against the res judicata effect, and even if it is judged differently, there is no causation between the damage alleged by the plaintiff and the above accident.

C. According to the result of the physical examination entrusted to Korea University Ansan Hospital, the degree of contribution to the accident is 60% based on the result of the self-written examination (MRI) taken on August 21, 2014.

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