2017 Ghana 70498 Damage (as such)

Damage (tentative name)

Ulsan East-gu District

Attorney Park Jong-chul, Counsel for defendant-appellant*

○○ Private Teaching Institute for School Foundation

Ulsan-gu

Representative President Kim○-○

Law Firm *

[Defendant-Appellee]

July 23, 2020

September 3, 2020

1. The defendant shall pay to the plaintiff 7 million won with 5% interest per annum from December 2, 2015 to September 3, 2020, and 12% interest per annum from the next day to the day of full payment.

2. Of the litigation costs, 90% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

3. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 60,000,000 won with 5% interest per annum from December 2, 2015 to the service date of a copy of the application for modification of the claim and the cause of the claim in this case, and 15% interest per annum from the next day to the day of complete payment.

1. Basic facts

In full view of the statements in Gap 2,3,11 and the fact-finding results of the fact-finding on the Blue House of this Court, the plaintiff, at around October 2, 2015, suffered from her fry cell type (a fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fryd fyd fryd fryd).

2. Determination on the cause of the claim

A. According to the above facts, it is acknowledged in light of the empirical rule that a physician of the Defendant hospital was somewhat suffering from pains or dysology on the surgery before removal from the Plaintiff’s body, due to negligence not removing the sysic sys inserted in the Plaintiff’s body at the time of the surgery, and thus, the Plaintiff was partly suffering from pains or dysology on the surgery, and the Defendant, the employer of the Defendant hospital, is liable to compensate the Plaintiff for mental damages arising therefrom.

B. As to consolation money, the following circumstances acknowledged as a whole based on the results of the fact-finding conducted on the Ministry of Health and Welfare, i.e., the Plaintiff removed the said dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic elic at the time when the Plaintiff applied to the above elic elic elic elic e, etc.

Until September 3, 2020, which is the date of this decision, there is a duty to pay 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Conclusion

The plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

Judges Yoon Jae-won