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TITLE Supreme Court Decision 2015Da55397 Decided June 23, 2016¡¼Damages (Medical)¡½ [full Text]
Summary
[1] When setting the amount of tort damages for a medical practitioner¡¯s violation of duty of care in his/her medical practice, whether factors attributable to the victim may be taken into account even when they are irrelevant to the victim¡¯s liability, such as his/her physical constitutional disposition or the fatality of disease (affirmative); and in such cases, limits to fact-finding or ratio-setting on limitation of liability
In the event of injury arising from a neglect of duty of ordinary care required of medical professionals, whether liability for damages may be limited for the sole reason that the damages occurred in the course of treatment (negative)
[2] In cases where the obligee claims for foreign currency credit, namely, monetary credit denominated in foreign currency, as converted into Korean currency, the base point of conversion (i.e., at the closing argument of fact-finding trial)
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