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(영문) 대전고등법원 2015.10.23 2015나654
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of the judgment of the defendant as to the argument that the defendant emphasizes or re-convened at the trial of the court of first instance, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of

2. Defendant’s assertion and judgment

A. The summary of the Defendant’s assertion 1) The physical and mental impulse suffered by a newborn baby due to the instant accident is considerable, making it impossible for the victim and the mother to take a peaceful rest in the postnatal care center operated by the Defendant. As such, the Defendant discharged him from the postnatal care center operated by the Defendant. As such, the Defendant refunded the victim’s father G the full amount of KRW 2,250,00 for the postnatal care center usage fee, which belongs to the ordinary scope of damages that the victim (the victim’s parents) can legally claim against the Defendant. 2) Considering the mental suffering suffered by the victim and the victim’s parents due to the instant accident, the full amount of the consolation money (3,573,600 won) paid by the Defendant to the victim or his parents belongs to the scope of consolation money for which the victim or his parents can legally claim against the Defendant.

B. The fact that the Defendant for the refund of the user fee for the postnatal care center 1 is aware of the victim’s father G of the instant accident and refunded KRW 2,250,00 to the victim’s father G of the postnatal care center fee 2,250,000 is as seen earlier, and according to the evidence No. 1, Article 6(2) of the terms and conditions of the instant postnatal care center provides for the refund of the balance calculated by deducting the fee corresponding to the period of use from the total amount of use and compensation for 10% of the total amount of use when a cause attributable to the postnatal care center.

However, among the insurance contracts of this case, Article 1 of the insurance company's special terms and conditions of the insurance contract of this case refers to the insurance company's performance of business at the facilities managed by the insured during the insurance period.

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