206 Ghana32426 Damage (Definition)

1.00 (00000 - 00000)

Chicago-si

2.00 (00000 - 00000)

Chicago-si

3.00 (00000 - 00000)

Ansan-si

4.00 (00000 - 000000)

Chicago-si

5.00 (00000 - 000000)

Chicago-si

6.00 (00000 - 000000)

Gangseo-gu Seoul Metropolitan Government

[Defendant-Appellant] Han-ro, Counsel for defendant-appellant

Attorney Seo-gu, Attorneys Seo-gu, Mawon-gu, Kim Dong-ho, Kim Jong-ho, and Yang Jong-si

1. Fixed00

2. Kim 00

3. Stambling00

[Defendant’s Address Magung-gu]

[Judgment of the court below]

March 26, 2008

April 16, 2008

1. Defendant 100 and Kim 00 jointly and severally against Plaintiff 00, 30, 836, 470 won, and 3,000,000 won, 00,000, 000, 0000, and 500,000 won, respectively, and each of the above amounts against Plaintiff 100 and 2004.

2. From June 1 to April 16, 2008, 5% per annum and 20% per annum from the next day to the full payment date shall be paid.

2. The plaintiffs' remaining claims against Defendant 100, Kim 00 and their claims against Defendant 10 are dismissed, respectively.

3. Of the costs of lawsuit, the part between the plaintiffs and the defendant 00 and the defendant 00 shall be 50% of the plaintiffs, and 50% of the above defendants shall be 50%, and the part between the plaintiffs and the defendant 00 shall be borne by the plaintiffs.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally against the Plaintiff 00, 65, 641, 203, and 5,000,000 won, and the Plaintiff

from February 5, 2004 to 00, to 2,000, to 2,000, to 100, respectively, and to 5, 200, to 2,00

5% per annum and 20% per annum from the next day to the day of full payment.

D. The sum of the calculated amounts is paid.

1. Basic facts

(a) The relationship between the parties;

Based on the plaintiff Lee 00, the plaintiff Lee 00, Lee 00, Lee 00, Lee 00, and Lee 00 are children.

Defendant Jeong 00 is a doctor who establishes and operates a hospital of 00, and Defendant Kim 00 is a doctor who is an out-of-the-pock of the hospital of 00, and Defendant Park Y0 is a doctor who has worked as an outside-of-pock of the hospital of 00 from February 19, 204 to 00.

B. On February 5, 2004, Plaintiff 00 stopped the vehicle in his apartment complex, and the above place was faced with a fluorial anti-speed, so Plaintiff 00 cut off to Plaintiff 00 and Plaintiff 00 suffered from the upper part of the body of the body of the body of the Plaintiff 14:0 on February 14, 2004. Plaintiff 00 arrived at the emergency room of the hospital of 00 around 00. Defendant 00 diagnosed the body of the body of the body of the body of the Plaintiff 17:0 to 17:0 to 00. Defendant 17.

(3) On February 5, 2004, Plaintiff Lee 00 returned to the sick room after the surgery was completed at around 00: around 20: 10: Since around 22:10, there were symptoms of blood cycle decline, blood circulation decline, right side blood clibing symptoms, and around 23:0, Plaintiff Lee 00 complained of knee below kne, and Defendant Lee kne, knee, and pressure clibing. Plaintiff Lee 00 had not been mitigated despite the fact-control administration at around 30:0 on February 6, 2004; the nurses at 00 hospitals only administered kne control against Plaintiff Lee 00 who complained of the pain, and the doctors at 00 hospitals have taken measures, such as huming the intention in charge.

of this case. The non-compliance of this case was not made.

(4) On February 6, 200: (a) Defendant Kim 00 discovered that there was an satisfying satisfying satch with the Plaintiff Lee 00 and carried out satisfying satisfying satching satching satisfy at the right satching satching satfy. (b) Even after the second operation, the Plaintiff Lee 00 continued to present opinions on physical temperature, severe pains at the right right satfy, and satisfy satching satching satching 204. On February 11, 2004, Defendant Kim 200 carried out satfying satfy 20.20 satching satfying satching satching satching satching 204.20 satisfying 204.

(c) The 000 university doctor’s 000 000 Madern group means a case where the organized pressure in the closed section surrounded by the nearby string is impeded, thereby undermining the sub-concing circulation. The reason for occurrence arises when the size of the division, such as external pressure, is reduced, or the contents in the division, such as blood, credit, and injecting drugs, increase, etc. of the size of the division, such as blood, credit, and injecting drugs, etc. The symptoms are dong, window, window, math, and beer. Diagnosis may be conducted when the pressure in the division is 30 mhh or above, and the pressure in the division may be diagnosed.

The treatment method of the divided climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic

(c)the treatment for the Egradatory army may be affected by infections due to the brupted fladying of the surrounding land or the scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargic scargics.

As in the case of the plaintiff 100, if vertebal anesthesia was caused, the sense and movement function of the plaintiff is reduced, and pain lakes and marshes are skeing opinions. It is not a negative opinion that the blood cycle of the plaintiff 1 does not seem to be shake.

At the time of the transfer of 000 hospital, the Plaintiff 100 was in the state of the increase in the value of the function between the heat and the livering function. The Plaintiff 200 hospital was in the state of the increase in the value of infection and the dynasty in the upper part of the dynasium of the dynasium at the time of the transfer of the dynasium.

If the physician in charge of the operation of the plaintiff Lee 00 directly observe the patient's situation in which he complained of a serious pain from the day of the operation to the new wall of the same day, it is possible to diagnose the occurrence of the division certificate as soon as possible, and if the plaintiff immediately performed the treatment such as the refrating of the refrating, it could be expected more than now.

[Reasons for Recognition] Unsatisfy, entry in Gap 1, 2, 4, 5, and 8 evidence (including number), this Court

The results of the examination of medical records and fact inquiry on the head of 000 hospital at the university, the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition as to the claim against Defendant 100, Kim00 (1), when the defendant Kim 00 performed a large-scale operation against the plaintiff Lee 00, Defendant Kim 100, he shall carefully observe the case after the operation and, even if there was a duty of care to promptly cope with and minimize the legacy even after the occurrence of a merger certificate, he shall take specific measures by leaving 12 hours after the operation to the nurse.

In addition, there is no evidence to prove that the defendant Kim Jong-soo explained the occurrence of a group after subdivision and the possibility of an obstacle to the occurrence of a group after subdivision and thereafter, the discovery of the group after subdivision was delayed, and that there was negligence caused by the illegal act, which constitutes a tort, and thus, the defendant Kim Jong-soo is liable for compensating the plaintiffs for the damages caused by the illegal act, and the defendant Kim Jong-soo is jointly and severally liable with the defendant Kim 00 as the employer of the defendant Kim Jong-soo. In addition, there is no evidence to prove that the defendant Kim 00 explained the plaintiff Lee Jong-soo about the occurrence of a group after subdivision and the possibility of an obstacle caused by the subdivision. Accordingly, the defendant Kim 00 did not properly fulfill the duty to explain regarding the

However, in light of the fact that the plaintiff Lee 00 had no choice but to undergo an operation on the framework of the garrison, it is reasonable to view that there is no proximate causal relation between the violation of the duty to explain and the violation of the duty to explain, the garrisonization of the division after the operation, and the disability caused by the operation. Therefore, this part of the negligence is not negligent in the determination of property damage, but is only based on

B. Limitation on liability

According to the above evidence, the plaintiff Lee 00 had a serious sculption, such as dulverization of sculvers, before being hospitalized in the 00 hospital, and the medical treatment costs incurred therefrom and the occurrence of the aftermathy disability are anticipated, and the occurrence of the aftermath of sculatory disease itself cannot be deemed to have interfered with the defendants' negligence, and the risk and uncertainty of the medical practice itself.

Defendant Kim -0’s negligence led to the occurrence of the result of the disability caused by the ex post facto increase in partition to Plaintiff Lee 00, but it would be against the principle of equity to impose all damages incurred therefrom only on the Defendants. Therefore, the Defendants’ liability ratio is limited to 70%.

C. Determination as to the claim against Defendant Park 00

Although the Plaintiffs also claim for damages against Defendant Park 00, there is no evidence to prove that Defendant Park 00 was negligent in the course of treating the Plaintiff Park 00.

3. Scope of damages.

A. Presumed facts

Victim : Plaintiff 00 (Arrith)

Date of birth: the date of birth on December 9, 1938: February 6, 2004

Age: 65 years old and 1 months old at the time of accident;

Name of term of lease: 15.12 years

At the end of the name: February 5, 2019

Ratio of labor capacity loss: 40%

(1) Medical expenses = 15, 430, 838 (2) x 20, 400 won + 20. 8 (2) x 40 x 64 x 7. 5 x 64 x 6. 5 x 7. 5 x 6. 5 x 6. 4)

[Reasons for Recognition] The facts without dispute, Gap 3, 4, 6, and 9, and the results of the physical examination commission to the chief of the University of 000 University of this Court. The defendant's ratio of liability (1) to the limitation of liability: 70% (refer to the above 1-B) (2) shall be calculated.

29,766, 387 won in aggregate of the financial losses of Plaintiff Lee 00 (Medical expenses + Medical expenses + KRW 23,90, 499 + nursing expenses + KRW 5,865, 888), 70/70 = 20,836, 470 won in total.

(d) The reasons for consolation money (1) : The age of 00, the background and result of the accident of this case, the degree of fault on the part of the injured party, and other circumstances (2) as shown in the argument of this case.

Plaintiff Lee 00: 10,00,000 won

Plaintiff Lee 00: 3,00,000

Plaintiff Lee 00, Lee 00, Lee 00, Lee 00: each 500,000

E. Judgment on the defendant's assertion

The defendant asserts that the plaintiff 00 was paid 17,647,760 won of the self-paid car insurance money from his automobile insurance company, which is his automobile insurance company, due to the accident in this case. Thus, according to the result of the fact-finding on the school automobile insurance company in this court, the school automobile insurance company can recognize that the plaintiff 00 paid the self-paid automobile insurance money by recognizing the plaintiff 100 as a person who was not completely using one bridge in relation to the accident in this case, and therefore, it is not allowed to deduct the case in this case where the plaintiff 1 did not make a claim for the lost income.

3. Conclusion

Therefore, the defendant is reasonable to resist the scope of the defendant's duty to implement from February 6, 2004, which is the date of the accident of this case to April 16, 2008, since it is reasonable for the defendant to resist about the scope of the defendant's duty to perform: 20,836, 470 won + 10,000 won for property damage + 3,000,000 won for 10,000 won for 100,000 won for 100,000 won for 5% for 10,000 won for 10,000 won for 5% for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 20% for 10,000 won for 10,000 won for 10,000 won for 20% for 10,00 won for 20.

Judges Park Sung-sung