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(영문) 서울남부지방법원 2019.05.10 2017나56740
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. In the first instance court, the Plaintiff claimed a passive claim for damages against the Defendant, ② a positive claim for damages (the king medical expenses and future medical expenses), ③ a claim for the payment of consolation money, and the first instance court dismissed the passive claim for damages and partly accepted the remainder.

Therefore, although the Plaintiff appealed against this part of the judgment against the Plaintiff, the subject of the judgment of this court is limited to the claim for positive damages and consolation money, and thus, the subject of the judgment of this court is limited to the claim for affirmative damages and consolation money (see, e.g., the Plaintiff withdrawn the claim for medical expenses in the future among the active damages in the trial, and see, e.g., the Plaintiff’s claim for damages

(2) The Defendant, at a restaurant located in Yangcheon-gu Seoul Metropolitan Government, intended the Plaintiff on April 30, 2015, and took the Plaintiff’s eye and took the Plaintiff’s eye, thereby causing injury to the Plaintiff, such as the destruction of the two parts, etc., without any dispute between the parties, or by considering the overall purport of the entries and arguments as to the evidence Nos. 1 through 4. Thus, according to the facts of recognition, the Defendant is liable to compensate the Plaintiff for the damages incurred therefrom, since the Defendant committed the aforementioned tort.

3. Scope of damages.

A. 11,030,740 won (Evidence A to 12) 1) The fact-finding inquiry reply to the Chief of the Seoul National University Hospital at the court of the first instance on the part of the Seoul National University Hospital, the plaintiff stated that "the plaintiff is deemed to have received an adequate chest treatment" for the chest treatment that he received from E-type surgery, and according to the result of physical examination entrustment to the Chief of the court of first instance on the part of the Seoul National University Hospital at the court of first instance, the plaintiff needs more than 2,3 times of surgery after he received a chest treatment from E-type surgery, in light of the fact that the plaintiff's 10,000,000 won disbursed from E-type surgery at the above part of the court of first instance is recognized as the chest treatment for the tort in this case. 2)

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