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(영문) 서울고등법원 2019.09.05 2019나2011140
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

The reasoning of the judgment of this court citing the judgment of the first instance is as follows: (a) using the “P” of the first instance judgment No. 4 as “E”; and (b) the Plaintiff’s judgment on the assertion that the Plaintiff emphasizes or added at the trial is identical to the reasoning of the first instance judgment except for the addition of the judgment as set forth in paragraph (2) below; and (c) cite it as it is in accordance

The gist of the Plaintiff’s claim for additional determination was that the Plaintiff’s mental state at the time of committing a crime subject to medical treatment and custody disposition around 2007 was due to compulsory hospitalization of the Defendants four times from December 1, 1997 to August 2006, which was conducted by the Defendants.

The judgment of the court of first instance held that there was a mental and therapeutic disease for the plaintiff before 2007. However, the judgment of the court of first instance erred by misapprehending that R had the symptoms of mental illness from the beginning on the part of the conversation recorded in the recording (Evidence No. 1) instead of testimony made by the court of first instance.

The judgment of the court of first instance was erroneous to conclude that the Defendants did not have any motive or reason for compulsory admission, since the Plaintiff had property, such as the security deposit, goodwill, and goodwill of the cafeteria at the time of compulsory admission.

In addition, although there are medical opinions (Evidence A No. 9) that the plaintiff's symptoms are mitigated, so it is possible to conduct outpatients, daily life, and occupational activities, the judgment of the court of first instance has committed an unlawful act of taking only the diagnosis results of I Hospital doctor V, to the effect that (voluntary) hospital treatment is necessary.

Therefore, in relation to the primary claim, the defendant's liability to compensate for consolation money should be recognized.

(1) Defendant B, C, and D have a duty to inform the doctor in charge of mental hospital of the Plaintiff’s behavior as the Plaintiff’s punishment, but they intentionally are false, such as minor rape, spouse assault, deadly weapons intimidation, and forced departure from the United States for the purpose of compulsory admission of the Plaintiff.

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