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(영문) 대전고등법원 2019.06.20 2019나11478
손해배상(의)
Text

1. The plaintiff (appointed party)'s appeal against the deceased G's consolation money portion is dismissed.

2. Action after the filing of an appeal.

Reasons

1. The Plaintiffs, as a result of the death of the deceased G (hereinafter “the deceased”) against the Defendants at the court of first instance, filed a claim for damages equivalent to the lost income of the deceased, the damages equivalent to consolation money, the king treatment expenses paid by the Plaintiff (Appointed Party), the damages equivalent to funeral expenses, and the damages corresponding to the Plaintiffs’ consolation money due to the death of the deceased.

The court of first instance dismissed all the plaintiffs' claims, and the plaintiffs appealed against the entire judgment of the first instance court.

Before the remand, this Court fully accepted the part of the plaintiffs' claim for damages equivalent to the consolation money of the deceased inherited due to the death of the deceased during the appeal by the plaintiffs. The part of the judgment of the court of first instance regarding the plaintiffs' claim for damages equivalent to the consolation money of the deceased inherited from the deceased was revoked, and accepted it in its entirety, and dismissed

The Defendants appealed to the part against the Defendants in the judgment of this court prior to remand.

The Supreme Court accepted the defendants' appeal and reversed the part against the defendants in the judgment of this court prior to the remand, and remanded this part of the case to this court.

Therefore, the scope of this court’s judgment is limited to the plaintiffs’ claim for damages equivalent to consolation money (see, e.g., Supreme Court Decision 96Da2187, Apr. 14, 1998). 2. Basic facts

A. The Plaintiff (Appointed Party) is the deceased’s wife who received treatment from the Defendant E, a medical specialist in the species blood department belonging to the Plaintiff at a F Hospital operated by Defendant Educational Foundation D (hereinafter “Defendant Hospital”).

The designated parties B and C are the children of the deceased.

B. On December 2010, the deceased was found to have been hospitalized in the H Hospital with the overall decline and high-heropic force of Madlime on the diagnosis of malicious species, and the blood science was confirmed to be the phenomenon where the inter-spepatosnomegaly, and the inter-spegaly and the inter-spebomy are weak.

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