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| TITLE | Supreme Court Decision 2022Da283305 Decided March 16, 2023 【Damages (Motor Vehicle)】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 Where any medical practice accompanying physical infringement as in surgery is neither dangerous nor serious, and thus the outcome thereof is not unclear and customary, and a considerable improvement can be expected, if any damage is extended as the victim refuses medical practices without any reasonable ground, whether the scope of the assailant’s liability to compensate for damage should be limited to the remaining part after deducting the extended damage (affirmative), and where the aftereffects of the victim caused by such surgery can be improved, whether the rate of loss of labor capacity should be determined based on aftereffects to still exist even after the performance of the surgery (affirmative in principle) | |
