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(영문) 대전지방법원 2018.04.13 2017가단3281
손해배상(기)
Text

1. The counterclaim Defendant: 14,866,723 won to the counterclaim and 5% per annum from May 12, 2015 to April 13, 2018.

Reasons

1. Basic facts

A. The Counterclaim Plaintiff is a patient hospitalized in a H hospital due to symptoms such as hepatitis, etc., and the Counterclaim Defendant (Is) is a female patient hospitalized in the same hospital.

B. Around 20:00 on May 12, 2015, the Counterclaim Plaintiff was reported at the ship yard of the instant hospital, and then the Plaintiff was faced with the right-to-hand typ of a typator who was the counter-party, while the Plaintiff was reporting TV at the ship yard of the instant hospital.

(hereinafter referred to as the "accident of this case")

The Lessee for the foregoing accident was carried out on May 13, 2015 at the foregoing hospital, using the blood static surgery and metal plate and balon, respectively, and on December 30, 2015, respectively.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the counterclaim Defendant is liable to compensate the counterclaim for the damages caused by the instant accident.

B. However, inasmuch as the Plaintiff, as the Counterclaim Plaintiff, has a somewhat dangerous nature, such as viewing TV with the front cover of the Ringpool quibal, thereby expanding the pertinent damages, the ratio of liability of the counterclaim Defendant is limited to 70% in consideration of such fact, etc.

3. In calculating the scope of liability for damages less than a month, the amount less than a month shall be included on the side on which the amount is less than a won and less than the last month shall be discarded, and the present value of the damages due to the accident in this case shall be calculated by the simple discount method which deducts intermediary interest at the rate of 5/12 per month, and the arguments of the parties which are not separately determined shall be rejected.

Basics: Gir South Korea, 9 years old and 5 months old at the time of an accident, and 68.59 years old.

When a victim who received insurance benefits pursuant to the National Health Insurance Act, claims for damages against a third party, when the victim's negligence competes with that of the victim, the amount of damages calculated first shall be offset by negligence.

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