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(영문) 서울중앙지방법원 2019.08.16 2018나50453
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. The calculation table in the attached Form of the judgment of the court of first instance and the calculation table of future medical expenses in the part added or revised shall be replaced by the calculation table of damages in the judgment of the court of first instance and the calculation table of future medical expenses.

The 3rd to 13th parallels in the first instance judgment are as follows.

Inasmuch as a disease caused by which a person who caused multiple pain is not clearly identified, the disease may be caused by a serious pain in daily life while the patient complains for a serious pain, and the frequency of occurrence is merely 0.05% to 1.5% in the case of external patients, and 1-2% in the case of external patients, and is very rare, and the degree of risk or result is extremely high, it may result in a violation of the ideology of the Compensation Act or the principle of fairness. Since the assessment of physical disability of the Association (hereinafter referred to as the “E Guideline”), it is extremely high to compensate the perpetrator for all damages caused by such small person or disease, it may result in a violation of the ideology of the Compensation Act or the principle of fairness.

After considering the plaintiff's physical appraisal result, in light of the past medical records, medical care benefit details, etc., 50% contribution rate was calculated as 50%, it seems clear that it is part of the division from the medical point of view that the other side excluding the left knee and the kneeee in both sides, among the knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee.

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