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(영문) 대법원 2016.08.18 2016다14775
손해배상(자)
Text

Among the part of the judgment of the court below against the defendant, the part concerning future treatment expenses, spathy treatment expenses, auxiliary equipment, and nursing expenses.

Reasons

The grounds of appeal are examined.

1. In a lawsuit seeking compensation for damages, if the degree of contribution of the king was considered in calculating the rate of loss of labor ability to calculate the loss of lost income, barring any special circumstance, the degree of contribution of the king shall be taken into account in calculating the loss of medical expenses, nursing expenses, etc. In a case where the perpetrator asserts that the damage of the king was caused by the king, such assertion on the part of the perpetrator constitutes the denial of causation under the Civil Procedure Act, and the victim's active existence of causation, i.e., the relevant accident and the injury.

He/she shall prove that he/she did not have any aftermathal disability due to his/her or passive evidence.

(2) On July 24, 2008, according to the reasoning of the judgment of the court below, the court below did not consider the degree of contribution of the king in calculating the future medical expenses, king medical expenses, assistive devices, and nursing expenses without sufficient deliberation or explanation on the special circumstance that the plaintiff's contribution of the king to the 20% of the 20% of the 20% of the 20% of the 20% of the 2007da52294, etc. In calculating the 2008 party's income, the court below erred by misapprehending the legal principles on the share of damages in the case of the king, which led to failure to exhaust all necessary deliberation.

3. Therefore, among the part against the defendant in the judgment of the court below, the part concerning future treatment expenses, spagy, auxiliary equipment, and nursing expenses are reversed, and this part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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