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(영문) 대구지방법원서부지원 2019.05.15 2017가단57322
손해배상(기)
Text

1. The Defendants jointly share KRW 21,983,698 with respect to the Plaintiff and 5% per annum from February 2, 2017 to November 11, 2017.

Reasons

1. Indication of claims: To describe the causes of claims in attached Form and the changed causes of claims as follows; and

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);

3. Parts to be recognized and partially dismissed.

(a) Medical expenses: Recognition of the full amount of KRW 3,661,370 (each entry in evidence (including family numbers) of KRW 9,12);

B. Future medical treatment costs: The Plaintiff’s head was cut into a steel bar and caused a high blood pressure that had not existed before the accident due to the aftermath from the Defendants, and then recovered a lifelong blood pressure. The Plaintiff sought the future medical treatment costs of KRW 6,976,800 for 17.6 years each month. However, the evidence submitted by the Plaintiff alone cannot be accepted.

The daily income: The full recognition of KRW 8,322,328 due to hospitalization and medical care (each entry in the evidence A No. 13 and 16). The Plaintiff sought KRW 2,08,270 as the daily income for the treatment of high blood pressure, but it is difficult to recognize that the instant accident caused high blood pressure to the Plaintiff, as seen earlier, is difficult to accept.

The consolation money: 10 million won is recognized. The plaintiff seeks the payment of consolation money of KRW 30 million.

In light of all the circumstances revealed in the pleadings of this case, the amount of consolation money to be compensated by the Defendants is reasonable to be determined as KRW 10 million, in light of the developments and results of the instant accident, the degree and treatment period of the Plaintiff’s injury, the Defendants’ tort committed by the Defendants, the details and extent of the tort, the Plaintiff’s age and occupation, etc. As such, the Plaintiff’s claim against the excessive portion of the Plaintiff’s claim is rejected.

E. Conclusion: A total of KRW 21,983,698 (i.e., KRW 8,322,328,000 for the total of KRW 3,661,370 for the first class medical expenses). However, Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply since the instant lawsuit was initiated by public notice and the Defendant did not dispute over the existence or scope of the obligation to perform.

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