208 Gaz. 19372 Compensation (Definition)

1. Clerks (A, 68 years old, male);

2. Seo-○○ (B, 73 years old, female)

3. Clerks (C, 99 years old, female).

4. Seo-○○ (D, 01-years, women)

5. Western○○ (E, 03 years old, male).

Plaintiff 3 through 5 is each minor, and a legal representative A, a mother B

The Plaintiffs’ Address Suwon-si, Young-gu

Plaintiffs, Attorneys Lee 00, Han-O

Jiny

Gunpo-si

[Defendant-Appellant] Park ○, Choi ○-○, Counsel for defendant-appellant

April 29, 2010

June 17, 2010

1. The defendant shall pay to the plaintiff C 4,00,000,000 won, each of the above 1,00,000 won to the plaintiff D, and E, and 5% per annum from July 9, 1999 to June 17, 2010, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff C 10,00,00,00,000, respectively to the plaintiff D, and E 5,00,000,000, and 20% per annum from July 9, 1999 to the date of this decision, and 20% per annum from the next day to the date of full payment.

1. Basic facts

A. Status of the party

1) On July 9, 199, the plaintiff C was born in Mapo-dong, Mapo-dong, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and had a cerebral cerebral lele with the current brain marith, and the plaintiff A, B, the parent of the plaintiff, the plaintiff, the plaintiff, the plaintiff, the D, and the plaintiff C are the co-borns of the plaintiff.

2) At the time of the birth of Plaintiff C, the Defendant is an employer of the medical staff in charge of the birth and treatment after the birth of Plaintiff C as the father and the father and the father of the OOO as at the time of the birth of Plaintiff C.

(b) Lapse of delivery;

1) On February 6, 1999, Plaintiff B was pregnant with Plaintiff C and discharged the Plaintiff on the 24th day of the same month, after being hospitalized at the address on May 9, 1999, when the Plaintiff C was hospitalized and transferred to the OOOOOOO (hereinafter “Defendant hospital”) operated by the Defendant for the first time. While receiving the OOO on a regular basis after being hospitalized, the Plaintiff B was hospitalized at the address on May 21, 1999, and was discharged on the 24th day of the same month.

2) On July 8, 1999, Plaintiff B hospitalized at the address of 29 weeks from 00 to 13: 00, and the Defendant Hospital’s medical personnel instructed Plaintiff B to maintain an absolute stability condition, and administered the b22th day from 00 to 30 minutes from 1999 to 30 minutes from 199 to 30 minutes from 199 to 03:0 of 199 to 19:0 to 30 minutes from 199 to 19:0 of 199 to 19:0 from 00 to 00 to 03:0 on the same day, 200 to 30 minutes from 8 minutes from 19:0 to 00 to 00 to 19: 10 to 199 to 10 to 199 to 10 to 10 to 10 to 19.

3) At the time of the birth of the Plaintiff C, the body was 1,50g, and the Amp scores was 1 minute 8,5 minute 9, and the Amp scores was 1 minute 8,5 minute 9, and the (crying: drying) and the acquisition was clean immediately after the delivery (prying).

(c) Situation after delivery;

1) After birth, the Plaintiff C showed symptoms of the pulmone Recome Recome, and the medical personnel of the Defendant Hospital decided to transfer the Plaintiff C to the OOOO of the Korea National University of Yeng-dong (hereinafter referred to as the “△△△”). Accordingly, the nurse of the Defendant Hospital was inside the Plaintiff C who was able to cover the c with the steroke and the OOO on July 9, 1999 and arrived at the emergency room at around 00. At that time, the Plaintiff C had not seen as crying and movement (activ) and sent Blus (cyosis). The Plaintiff C showed C’s 86% in the case of the SO2, and the COO was 37% in the case of the CO, and the COO was 87% in the case of the CO.

2 ) 전원 당시 원고 C의 피부색이 창백하고 , 자발호흡은 있으나 코 벌렁거림 ( nasall flaring ) 이 보이므로 , OOID 의료진은 원고 C에게 앰뷰배깅 ( Ambu - bagging ) 하고 기 관내 삽관을 하고 인공호흡기를 연결하였지만 , 이후 산소포화도가 62 % 까지 떨어졌고 , 계속 기계적으로 산소를 공급하면서 구강 내 분비물을 흡입 ( suction ) 하자 점차 피부색 이 분홍색으로 돌아와서 , 1999 . 7 . 9 . 12 : 15경에야 비로소 산소포화도가 100 % 로 회복 되었다 .

3) At the time of the electric power generation, the OOO medical personnel diagnosed Plaintiff C as the Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Repulmone Recitusus (hereinafter “HHE”), and thus, it was decided to take into account the use of the Repulmone Reexusus (hereinafter “HHE”), if it was not maintained

4) On the chest X-ray, Plaintiff C’s waste, taken on the day of electric power generation, hMD (HMD, Hyaline Myaline Myaline Dosese 1) brease, and even until July 10, 1999, sporais was maintained well, and there was a view of sporacy on the part of the Plaintiff’s waste. As such, OOO medical personnel reflected the dynamics in the Plaintiff C’s waste.

5) In addition, 15: 21 emergency chemical inspections conducted on the day of electric power, Plaintiff C’s pH was July 293; the carbon subdivision pressure (pCO2) was 84.5mH on the 37th mHg and mountain subdivision pressure (pCO2). The 18th mH on the same day was 15.4 x 10 mH on the 08 general blood inspection (WBC).

6) On July 20, 1999, Plaintiff C’s heart food was reduced to not more than 10 / minute, and scamcen was showing scenary symptoms on August 2, 199 and August 10, 199. As a result of the Plaintiff C’s photographs on brain scenpendury, most of the pulmonary blood transfusion (subpendendendymal 1) on both sides of the brain were to occur and to be reduced to not more than 10 minutes, and the scencenary and scenary symptoms were to have been reduced to less than 10 minutes. The scenchosis and scenary scenary symptoms were to have been reduced to more than 0 parts of the pulmonary scenium, the pulmonary scen and scenary scenching of the pulmonary scenium, the pulmonary scen and pulmonary scen.

The use, coloring, smoking, low oxygen, etc. of the Fund.

There is a hemorhage, and there was a expansion of brain room by blood transfusions in both brain rooms, and a white fluoral typhism was found on the right side of brain.

7) At the time of August 12, 1999, the diagnosis name of the △△△△△ for the Plaintiff at the time of the △△△△△△△ was a baby of the Plaintiff, a non-smoking, an empty blood transfusion, or a parosis, and on August 24, 1999, it was found that a small size of brutized shots were formed on the left left-hand brain of the brain.

8) The Plaintiff C is currently registered as a person with disabilities of the first degree with brain cerebral disability due to cerebral cerebral mathy.

(d) Relevant medical knowledge;

1) Bribes;

(A) A disease that represents at least the non-working dynamic disorder or attitude that causes the smoke or paralysis of one or more fluoral meat in the face of the cerebral malib shall be the early outbreak of the infant flag.

B) The 90% of the cerebral macy is missing. In statistics, factors related to the occurrence of cerebral macy are: (a) a baby with less than 32 weeks old age; (b) a fetus heart is less than 60/ minute; (c) a fluorial fluor; (d) a low fluoral fluorum; (e) a low fluoral weight and solar fluoral fluoral; (e) a born fluor under 2,000g; and (e) a baby with a low fluoral fluoral fluoral fluoral fluoral fluor; and (e) a baby may be accompanied by the birth household.

C) Most cerebral cerebral macys are not related to primary mathic mathic mathic mathic mathic mathic mathic mathic mathics

2) Maternia

A) The World Health Organization (WHO) defines a newborn baby to be born for less than 37 weeks in the solar period or for less than 259 days in the last month and provides that the newborn baby to be born for less than 2,50 g2 in the body at the time of birth shall be deemed to be a obscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisciscisc

means.

When below that point, it can be said that it is a broad meaning, and that it is a low-living body.

B) One of the most severe colonies in the brain room or in the two parts of the baby. The frequency of blood transfusion 500- 700- 600- 70% from the body at birth - 1,000- 1,500 to 10-20% from the body of the baby at birth - 10% from the body of the baby at birth - 80- 90% from the body of the baby at birth - 1/30 from the body of the baby at birth , and 1/3 from the date of birth - from the 80-90% from the body of the baby at birth , and 1/3 from the date of the outbreak . The frequency of blood transfusion , however, is not clear, have a very large number of blood transfusions, and it is well assumed that it was generated in the course of embryomination and recovery from blood transfusions of the embryomination plant with an unpopulated characteristics.

3) Brain typhoidosis;

A) The brain typhism is understood to have caused a dystrophy disease across the part of the brain form or the whole cerebral typhys. While the balphism is understood to have occurred around the brain register of the balphals, the balphals of the balphys are equally formed in the balphals of the balphys, and the balphys of the balphys of the balphys are collected by large number of balphs and the balphys of the balphys of the balphys are collected by the balphys and the balphys of the balphys. If the balphys of the balphys occur in such balphys of the balphys, the balphystrophy is not supplied.

B) The boundary or termination area of the supply of brain ties between brain dystrophism and brain dystrophism is part of a high brue dystrophism, which is easily caused by herent brain dystrophism with severe dystrophism. In the event that the area is a brystrophal dystrophism due to the development of brain dystrophism, the area is mainly caused by the balphism damage to balstrophism (in

C) Generally, in the event of cerebral typhism, the probability of cerebral typhism is known to the extent that the likelihood of cerebral typhism is 80%.

4) Renaculsis Renaculsis

A) In the event a newbornia pulmonon Recons syndrome (RDS) is unable to function as a closed-end cell, in which the surface active substance is subdivided in the U.S. among the U.S., and where a waste carbon class has not been developed well, the surface strength in the closed-end cell is relatively large, and the normal expansion of the closed-of-age is not achieved.

B) The Repulmone Repulmone Repulmona of a newborn baby is the first part of the cause of the death of a newborn baby, the frequency of the Repulmone Repulmonata in the body of a newborn baby is 14%, and it is the most important that the age of the newborn baby is the most important for those who have affected the frequency of the outbreak.

C) The ABE Repulmone Repulmone Repulmone Repulmone Repulmone is mainly caused by the trace of the pulmonary part of the ABE appearing in the ABE, the frequency of birth or the ABE is high, and 40% of the ABE appears in the ABE, and 80% of the ABE appears in the ABE below 28 weeks, and 60% of the ABE at 29 weeks. However, there were 39 weeks in the ABE. [based on recognition] evidence 1, 2-1 through 3, 3, 1-1 through 15, 1-2, 2-1, 2-2, 2-1, 7-2, 1-4, 1-4, 1-4, 1-4, 1-4, 2-2, 1-3, 2-3, 3-1-1, 3-2, 3-4, and 3-1-4, the entire testimony of the ABE.

A. Defendant’s negligence

1) The plaintiffs asserted that the medical professionals of the defendant hospital B were negligent in her birth in the state of pulmonary accommodation of the plaintiff C when they complained of early dust on May 9, 199 and hospitalized the defendant hospital on July 8, 199. As such, the medical professionals of the defendant hospital did not seem to have an early pulmonary effect of the pulmonary medicine of the plaintiff hospital at the time of her early pulmonary treatment, such as the 4th of May 9, 199 to May 24, 199 (the early pulmonary effect of the pulmonary medicine of the plaintiff hospital at the time of her early pulmonary treatment, but it is difficult to consider that the early pulmonary effect of the pulmonary medicine of the plaintiff hospital at the time of her early pulmonary treatment, as well as that the early pulmonary effect of the pulmonary medicine of the plaintiff hospital at the time of her early pulmonary treatment, and that the early pulmonary effect of the pulmonary medicine at the time of her early pulmonary treatment.

2) In addition, the Plaintiffs asserted that there was negligence of the Plaintiff 0’s birth in the state where the she was well aware of the her death by performing the shelling surgery at 10 hours after the her early termination of the operation of the shelling surgery between 26 weeks to 32 weeks of Thaiju and 22 weeks. However, according to the records as set forth in subparagraph 1-1 and 2 of Article 1 and the result of the request for the examination of medical records and the purport of the entire arguments as to the head of Korea University Hospital within the Republic of Korea, the Plaintiff C was born at early termination of the operation of the shelling surgery at 10 hours after the her early termination of the operation of the shelling surgery, and according to the overall purport of this Court’s request for the examination of medical records as to the head of Korea University within the Republic of Korea

Considering the possibility, it was general to keep only a minute, and in the case of Plaintiff B, it is difficult to delay only a long period of time, even if expected treatment was given, since it was difficult for the medical personnel of the Defendant Hospital to look at the part of Plaintiff C, as seen above, it cannot be deemed that there was negligence on the part of the medical personnel of the Defendant Hospital, who had the Plaintiff C born.

3) Furthermore, the Plaintiffs asserted that the medical personnel of the Defendant Hospital did not fully prepare for the artificial smoking apparatus, etc. while having the Plaintiff C, who is anticipated to be able to be able to be able to have the prudentise of the closure, and that the Defendant Hospital did not supply the sufficient oxygen by the time of the transfer of the Plaintiff to the OO.

그러므로 살피건대 , 원고 C은 출생 직후의 1분 / 5분 아프가 점수 등 신체활력지수 가 정상범위 내에 있었으나 , 이후 1시간 남짓 지나자 호흡곤란의 증세가 나타났으므로 , 피고 병원 의료진은 1999 . 7 . 9 . 12 : 00경 원고 C을 ' 호흡곤란증후군 ' 이 의심된다는 소 견으로 전원조치한 사실 , 원고 C이 □□□□에 도착했을 당시에는 피부에 청색증이 나 타난 상태였고 , 도착 이후 앰뷰배경 , 기관내 삽관 , 인공호흡기 부착을 하는 동안 산소 포화도가 62 % 까지 떨어진 사실은 앞서 인정한 바와 같은바 , 위 인정사실에 의하면 원 고 C은 1999 . 7 . 9 . 10 : 14에 출생한 이후 1시간 남짓이 지나 호흡곤란을 보인 이후 전 원된 OOOO에서 충분한 산소를 공급받을 때까지 미숙아로 인한 대표적인 합병증인 신생아 호흡곤란증후군이 발병하여 진행 중이었던 것으로 보이고 ( 피고 병원은 여러 가 지 합병증이 발생하기 쉬운 미숙아 출산시에 대비한 인큐베이터 시설을 갖추고 있지 않았고 , 미숙아인 원고 C의 출생 이후 OOOO으로 전원할 때까지 그 활력 징후나 산 소포화도 등을 체크한 진료기록도 없다 ) , 이와 같이 미숙아에게 신생아 호흡곤란증후군 이 발생한 경우 피고 병원 의료진으로서는 우선적으로 산소 투여 , 앰뷰배경 , 기관 내 삽관 등의 조치를 취하여 폐포가 정상적으로 팽창할 수 있도록 하고 , 계면활성제를 투 여하여 충분한 산소가 공급되도록 조치하여야 함에도 , 원고 C에게 자발호흡이 있다는 판단 하에 위와 같은 조치를 취하지 않은 채 서둘러 전원결정을 하였을 뿐 아니라 , 그 와 같이 전원조치하는 경우에도 원고 C과 같이 신생아 호흡곤란증후군이 발생하여 자 발호흡이 빈약한 상황에서는 전원중 최소한 지속적인 앰뷰배경과 산소포화도 측정이 필요하였다고 보임에도 , 간호사가 원고 C에게 자발호흡이 빈약한 경우 별 소용이 없는 이동식 산소마스크만을 씌운 상태에서 원고 C을 전원시킴으로써 상당한 시간 동안 원 고 C을 저산소증인 상태로 방치한 과실이 있다 .

In addition, the plaintiff B has an bitrative disease, which is a kind of old-age disease, and can be classified as the mother of the high-risk group. If the plaintiff B's early diagnosis or early high-quality disease is due to the second transformation of the old-age class, it is anticipated that the part of the plaintiff B will not delay more than 1 - 2 weeks. If the part of the plaintiff B is less than 34 weeks, it is anticipated that the part of the plaintiff B would not delay more than 1 - 2 weeks. If the part of the plaintiff B is delivered with less than 34 weeks, it is necessary to reduce the rate of the fetus's death or the brain damage caused by a fetus's low pulmonary disease to the maximum extent possible. The medical team of the defendant hospital should have the plaintiff be informed of the need for treatment of the plaintiff at the early stage on July 8, 2009, which is the 29th day of the 29th day of the 29th day of the birth of the plaintiff at the time of the plaintiff hospital or the plaintiff's early stop.

(b) A causal relationship;

If a medical accident proves that the patient's act of medical negligence based on the ordinary sense is proven in the course of a series of medical acts and that there is no other cause except a series of medical acts between the result and the result, the burden of proof mitigation is more consistent with the compensation system that provides guidance on fair and reasonable burden of damages, unless it is proved that the result is due to any other cause entirely, not due to medical negligence, but due to any other cause (see Supreme Court Decision 9Da48245 delivered on September 8, 200).

In the instant case, in light of the fact that the Plaintiff C’s negligence at the medical team of the Defendant hospital and the cerebral mastosis occurred to the Plaintiff C, which did not receive first aid, such as inserting in the engine, and her he was exposed to low-hour oxygen, and thus, the Plaintiff C was exposed to the low-hour oxygen disease; in the case of her early childhood, her pulmonal difficulty, pulmonal pulmonal typhism may occur without being supplied in the vicinity of the cerebrus; and in the case of her cerebral typhism, there is a high probability that cerebral typhism would occur; in light of the fact that there is a high probability that cerebral typhism, the causal relationship between the negligence of the medical team of the Defendant hospital and the cerebral typhism that occurred to the Plaintiff (the negligence in violation of the duty to explain as seen earlier can be recognized as a whole as the compromise between the results of the entire bad faith and the typhism).

As to this, the Defendant: (a) had symptoms of melting-shaped infection to Plaintiff B; and (b) Plaintiff C had been aware of it; (c) the cause of the Plaintiff C’s cerebral cerebral cerebral mathy is a baby due to infection and early poppy; (d) the written evidence Nos. 7-4 and No. 10 alone is insufficient to deem that Plaintiff B was infected; (c) there is no evidence to prove that there was infection; (d) there was no other symptoms, such as the blood transfusion, heat, smell, etc., immediately after the childbirth; (e) there was no other symptoms, such as the blood transfusion, heat, smell, etc., even if it was based on the delivery record of the medical staff of the hospital, it was clean that Plaintiff C was taken over immediately after childbirth.

In addition, there is no different opinion on melting-shaped salt. In the case of a child, the reference value of verting-type infection is different from sexual intercourse, and in the case of a newborn baby within 12 hours after birth, 13,00 - 38,000 - 38, and 000 L. July 9, 199: 08 Plaintiff C’s 00 - 08 Plaintiff C’s 00 - its reference value is 15,400 / L. Accordingly, the Defendant’s assertion that Plaintiff C’s infection was serious and the infection was higher than that of verting-type infection due to Plaintiff C’s serious infection, and that there was no causal link between Plaintiff C and Defendant C’s 1440 - 15,00 - 15,400 - 400 - and 32 son’s son’s son’s son’s son’s son.

C. Defendant’s employer liability

The defendant, as the employer of the defendant hospital, is liable to compensate the plaintiffs for the damages, since there is negligence as seen above with the medical professionals of the defendant hospital, and the causal relationship between the negligence and the cerebral macy of the plaintiff C is recognized.

(d) limitation on liability;

However, as recognized earlier, the Plaintiff B suffered from an gymmetric disease, which is a prone type, and accordingly, it can be deemed that the risk of assistance in child was higher than that of any other mother. Plaintiff C is highly likely to cause a merger of cerebral in the brain room or the two parts of the body of the baby after birth of the baby with the baby, and the possibility of a gymical symnasium is high, so it is difficult to deny the ability of the gymnasium. Medical practice is essentially accompanied by bodily harm, and even if all technologies are treated by all technologies, it is highly difficult to avoid any unexpected result. Thus, even if the gymnasium’s negligence caused the same bad result as before the Plaintiff C, it is reasonable to limit the Defendant’s liability by 35% by taking into account various circumstances, such as the fact that it goes against the principle of equity that all damages incurred therefrom are borne by the Defendant.

3. Scope of damages.

In addition to the following separate statements, the calculation basis of the plaintiffs' property, mental damage, expenses incurred in withdrawal, calculation, and the amount of the medical accident of this case shall be as stated in the corresponding item of the attached amount of damage calculation table (Provided, That it shall be calculated at the present price at the time of the accident of this case in accordance with the simple discount method that deducts intermediary interest at the rate of 5/12 per month and 5/12 per month, and the monthly amount shall be calculated by including the amount of monthly income before the deduction of the interim interest in order to prevent excessive compensation, in which the monthly amount of income before the deduction of the interim interest is less than the smaller, and shall be discarded under the convenience of the mountain and below the month).

(a) Actual income;

1) Facts of recognition

(1) Gender: Women.

(2) Date of birth: July 9, 1999

(3) The date on which the life expectancy and life expectancy end.

According to the result of the physical examination entrusted to the director of the Institute of Science and Technology for the vehicle of this Court, the plaintiff C is anticipated to have reduced the number of life expectancys due to the decline in the function of a serious stamp, and the anticipated number of life jacketss is reduced to about 55 years of age. Thus, since the life expectancys are 5 years, the life expectancy ends on July 8, 2054, when 55 years from the date of the accident.

(4) Occupation and maximum working age

Urban daily labor may be engaged until July 8, 2059, when 60 years of age or older.

(5) Deduction for living expenses after the end of life expectancy: 1/3 of income (The amount of compensation in attached Form for the convenience of calculation)

In the calculation sheet, the loss rate shall be expressed to 66.67% and calculated)

(6) The residual disability and rate of loss of labor ability.

It is anticipated that it is difficult to independently perform daily activities due to abnormal pedestrian patterns due to the weakeninging of the upper function and the degradation of the artificial function due to the construction of gymnasium and pipes, and the ratio of loss of labor capacity due to the gymnasium shall be 35% (2 parts of beerbrid table, brain, scale II - B) and the ratio of loss of labor capacity due to the gymnasium 100% (10% of the combined disability ratio).

[Ground of recognition] The description of Gap evidence No. 3, the result of the commission of physical examination to the chief of the Institute of Science and Technology for the chief of this Court, the significant facts in this Court, and the purport of the whole pleadings

2) Calculation: Total sum of KRW 236,810,710 when calculated at the present price at the time of the instant accident.

(b) Nursing expenses;

1) Facts of recognition and details of evaluation

Plaintiff C needs to assist other persons in performing daily activities, including self-help management, so it is necessary to start 8 hours a day for each adult male and female person from 3 years of age to 3 years of age (the Plaintiffs asserted that the opening of 16 hours a day from the birth of Plaintiff C to 1’s life is necessary, but the independent opening of 30,000 hours a day from 3 years of age to 3 years of age; however, in light of the Plaintiff C’s disability and ability to act as much as possible, it appears that there is sufficient number of 8 hours a day for each adult male and female person, and even healthy 3 years of age, one of the parents needs to open at least one of 3 years of age until 3 years of age, and therefore, it is necessary to recognize the opening of 3 years of age from July 9, 202 to 30,000 from 624 months of age to 40,000,000).

[Reasons for Recognition] The result of the commission of physical appraisal to the chief of the Institute of Science and Technology of this Court, the rule of experience, and the purport of the entire pleadings

2) Calculation: A total of KRW 486, 340, 560 when calculated at the present price at the time of the instant accident.

(c) Future medical fees.

1) Facts of recognition and details of evaluation

The plaintiff C needs to provide physical treatment, recognition treatment, and language treatment to prevent secondary transformations of the alleys (aled period) adjacent to the mountain for the next six years, and to improve pedestrian ability, and the cost of such treatment is 246,740 won per month ( = 18,980 won X 3 times X 52: 12 months), human ground treatment costs of 273,00 won per month ( = 31,50 won x 52 weeks x 52 weeks : 350 won per month, 40 won per month, 40 won per day, and 133 won per day (in cases of 40, 400 won per week x 25 months x 52 months): 12 months;

[Ground of recognition] The result of the commission of physical examination to the chief of the Institute of Science and Technology for the chief of the Institute of Science and Technology for the chief of the Institute of Science and Technology

2) Calculation

From the date of closing the argument in this case, the above medical expenses were deemed to have been paid monthly for the next six years, and when calculating the current price at the time of the accident in this case, the total amount of 38,062,873 won.

(d) limitation on liability;

1) Property damage: Total amount of KRW 761, 214, 143 (=total of KRW 236,810, and KRW 710 + total of KRW 486,340, and KRW 560 + Total of future medical expenses + KRW 38,062,873).

2) The defendant's ratio of liability: 35%

3) Calculation: 266, 424, 950 won ( = 761, 214, 143 x 0. 35)

(e) Condolence money;

1) Reasons for taking into account: The circumstances shown in the argument in the instant case, including the age of Plaintiff C, the plaintiffs’ family relationship, and the background and result of the instant accident;

(ii) the amount determined;

Plaintiff C: 15,00,000 won

Plaintiff A, B: each of 4,00,000 won

Plaintiff D, E: each 1,00,000 won

4. Conclusion

Therefore, the defendant is obligated to compensate the plaintiff C for damages of 281, 424, 950 won in total ( = 266, 424, 950 won in property damage + 15,00 won in consolation money + 4,000,000 won in consolation money, and 1,00,000,000 won in consolation money, and each of the above amounts to the plaintiff D and E in this case from July 9, 1999, which is the date of this judgment, until June 17, 2010, which is the date of this judgment, to pay damages for delay by 20% per annum under the Civil Act, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, and each of the above claims is dismissed within the scope of each of the plaintiffs' respective grounds for citing each of the above claims.

Judges Jeon Soo-dae

Judges Kim Jae-Gyeong

Judges Hah-kin