2012 Gohap3867 Damages

1. Kim○-○

2. Kim △△△;

Kim Jin Kim

December 20, 2012

January 17, 2013

1. The defendant shall pay to the plaintiff Kim ○, 68, 943, 564 won, and to the plaintiff Kim △△△△△△ for 42,250,473 won, and each of the above amounts, 5% per annum from January 26, 2012 to January 17, 2013, and 20% per annum from the next day to the day of full payment.

2. All of the plaintiffs' remaining claims are dismissed.

3. 1/5 of the costs of lawsuit is assessed against the plaintiffs, and the remainder is assessed against the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant 123, 369, 983 won to the plaintiff Kim ○, and 83, 536, 155 won to the plaintiff Kim ○, and each of the above amounts.

A. From January 26, 2012 to the pronouncement of this case, 5% per annum and full payment from the following day to the pronouncement of this case

By the day, 20% interest shall be paid at each rate of 20% per annum.

1. Basic facts

A. Status of the parties

Plaintiff ○○○, a husband of the deceased △△△△△△△ (hereinafter “the deceased”), and Plaintiff △△△△△△ was the deceased’s father, and the Defendant was operating the Gancheon-si ○○○ (hereinafter “the instant bedroom”). On January 26, 2012: (a) around 30:0, the Deceased was her head, name, son, son, and son’s head, and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son.

2) The deceased showed abnormal symptoms, and the defendant observed the deceased after deducting all bed, but did not cryp the deceased at all, and the defendant transferred the deceased to Macheon Hospital (hereinafter “Macheon Hospital”) by using a rescue unit around 47: 119 rescue units on January 26, 2012.

At the time of arrival of the Macheon Hospital, the deceased’s condition was 133m/Hg, 130m from blood pressure, 130 times in powder, 23m/ minute 36 degree in body temperature, and 36 degree in food condition. As a result of the deceased’s shooting of CT at the Macheon Hospital, it was determined that it is immediately necessary to do fluoral cry because of the observation of the phenomenon in which fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor fluor fluor fluor fluor fluor fluor fluoral fluor fluor fluor fluor fluor f.

C. On the other hand, in relation to the instant case, the Defendant was sentenced to imprisonment with labor for three years and for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Personnel) at the District Court on December 7, 2012 in relation to the instant case (2012No. 1460), and the Defendant deposited KRW 15 million in total with the agreement amount of the instant criminal case as of November 22, 2012, the Defendant deposited KRW 4817, 500,000,000 in gold No. 4817, 2012, and KRW 496,000,000 in this Court on December 5, 2012.

【Unsatched Facts, Gap evidence Nos. 1, 2, 3, 4, Gap evidence Nos. 5-1, Eul evidence Nos. 1 through 12, Eul evidence Nos. 14 and 15 (including branch numbers, respectively) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs' assertion

The Defendant: (a) on the part of the deceased’s life tag, kiddd the decedent’s haired with the inner organ, and caused the flaging surgery to the deceased; and (b) even if the deceased complained of the flag for the long time, the Defendant did not take appropriate measures against the deceased, and transferred the deceased to the hospital for one hour or longer. The Defendant’s occupational negligence caused the death of the deceased; (c) As such, the Defendant should compensate the Plaintiffs for the damages suffered by the Plaintiffs.

B. Determination

In full view of the following circumstances acknowledged as above, Gap evidence Nos. 7 and the purport of the whole arguments, the deceased's autopsy showed that the defendant neglected the deceased without any particular measure and transferred the deceased to the hospital by reporting to the 14:37 119 m37 around 14: the deceased's autopsy and transferred the deceased to the hospital by taking account of the fact that the hole presumed to be the livering part of the livering part of the livering part of the deceased's body and the length of the livering part of the livering part of the body, as a result of the autopsy, is highly likely to be caused by an intrusion performed by the defendant. As a result of the autopsy, the Mancheon Hospital and △△△ Hospital did not perform an operation to cause an increased hole between the deceased, and the deceased did not perform an operation to cause an increase in the body, and even if the deceased complained of the her part of the body, it is reasonable to judge that the deceased caused the death of the deceased by failing to take proper measures against the blood and liver.

C. Limitation on liability

However, considering the deceased's age, the deceased's age, and the fact that the deceased's health had not been good due to medical history, when calculating the amount of damages that the defendant should compensate for, it is consistent with the ideology of the damage compensation system whose guiding principle is fair and reasonable sharing, and the defendant's responsibility is limited to 70%.

3. Scope of damages;

(a) Personal information on recognition and evaluation of the deceased’s lost income 1)

Gender: Women

Date of birth: 51 years of age and 8 months of age at the time of the birth accident on March 18, 1960

Name of rental: 34. 55 years

[Grounds for Recognition: Evidence A No. 5-1] Maximum working age and income

Comprehensively taking account of the facts acknowledged earlier, the Deceased’s experience on January 26, 2012, which was the date of the instant accident.

From March 17, 2020, when the operating period from 60 years to 60 years ends, income of at least 75,608 won per day equivalent to the amount of wage for urban daily workers can be acquired.

C) Evaluation

The sum of the daily income is KRW 90,180,262 as shown in the following calculation table:

2012 period - 1 - 26 2020 period on the first day - 3 - 175 on the last day - 1775 on the last day 608, wage unit 608 1,663 monthly income, 33% of living cost of 376 33 ml 81 on the 376 333, 97 ml 97 ml 97 ml 97 ml 97 ml 2000 on the 328,90, 180 daily income, 262 daily income (won): 90,180, hospital expenses and funeral expenses of 376 ml 81.

According to the evidence No. 5-2, No. 3, and No. 4, the plaintiff Kim ○ may recognize the fact that the plaintiff Kim ○ paid hospital expenses of KRW 399,790 to Macheon Hospital, KRW 110,00 as transfer treatment to Ams Korea Co., Ltd., and KRW 872, KRW 860, KRW 1,382, and KRW 650 as transfer treatment.

In addition, the plaintiff Kim Jong-○ claimed KRW 9,183,100 as the funeral expenses of the deceased, and comprehensively taking account of the records in Gap evidence 6-1, 2, and 3, the plaintiff Kim Jong-○ shall be deemed to have paid KRW 6,037,100 to the funeral hall of the police hospital, KRW 2,946,00 to the modern comprehensive assistance company, KRW 2,946,00 to the same special passenger, and KRW 200,000, totaling KRW 19,183,100 to the same special passenger, but it is reasonable to view that funeral expenses exceeding KRW 3,00,00 as damages due to special circumstances. Since it is proved that the defendant had known or could have known such special circumstances, the plaintiff Kim-○ shall be deemed to have paid KRW 3 million out of the above claimed amount as damages.

Therefore, Plaintiff Kim Jong-○ disbursed KRW 4,382,650 in total as hospital expenses and funeral expenses of the Deceased ( KRW 1,382,650 + KRW 3,000,000).

C. Restrictions1) The Defendant’s liability ratio of the deceased’s lost income of KRW 90, 180, 262, and the Plaintiff’s hospital expenses and funeral expenses of KRW 4,382, and KRW 650: 70 per cent: The deceased’s lost income of KRW 63,126,183 ( = 90, 180, 262 x 70 per cent; hereinafter the same shall apply), the Plaintiff’s hospital expenses and funeral expenses of the Plaintiff’s Kim○, 3,067, and 855 won ( = 4,382, 650 x 70 per cent)

(d) Reasons for consolation money 1): Plaintiff 1: (a) the contents and circumstances of the negligence; (b) the deceased’s king status; (c) the Defendant’s deposit with the criminal agreement amount of KRW 15 million; and (d) the deceased’s 30,00,000,000, and all other circumstances shown in the pleadings of this case: Plaintiff 10,000,000 won; and (c) Plaintiff 10,000,000 won); and (d) Plaintiff 1 Kim △△△△△: 5,000,000 won; and

(e) Inheritance relation 1) Plaintiff Kim ○○: 55,875, 709 won = (Article 63, 126, 183 won + 30,000 won of consolation money + 3/5)

2) Plaintiff Kim △△△△: 37,250, 473 won [Plaintiff Kim △△△ [Article 63, 126, 183 won + 30,000 won + 2/5];

F. Sub-committee

Therefore, the Defendant shall pay the Plaintiff Kim○-○ KRW 68,943,564 ( = KRW 55,875,709 in the deceased’s share of inheritance + KRW 3,067,85 in the hospital expenses and funeral expenses + KRW 10,00,00 in the principal’s consolation money + KRW 42,250,473 in the Plaintiff Kim △△△△△△ ( = 37,250,473 in the deceased’s share of inheritance + KRW 5,00 in the deceased’s consolation money + KRW 5,00 in the principal’s consolation money + KRW 00), and each of the above amounts shall be paid at the rate of KRW 20 per annum as prescribed by the Civil Act, from January 26, 2012, the deceased’s death date, until January 17, 2013, for which the Plaintiffs seek reimbursement.

4. Conclusion

Therefore, the plaintiffs' claims shall be accepted within the scope of the above recognition, and it is so decided as per Disposition.

Judge Lee Dong-young

Judges Park Chang-chul

Judges Lee E-young