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(영문) 서울중앙지방법원 2013.06.19 2011가합132727

손해배상(의)

Text

1. The Defendants: (a) each of the Plaintiff A paid KRW 28,057,020 to the Plaintiff B, and C respectively; and (b) each of the said money to the Plaintiff B, and each of the said money. < Amended by Act No. 9500, Mar. 3, 2009>

Reasons

1. Basic facts

A. The Plaintiff A is an insurer who has received a marry surgery from the Dsung Foreign Medical Center located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Defendant Council member”), the Plaintiff B, and C are the parents of the Plaintiff, and the Defendant Company is an insurer who has concluded a contract for hospital and medical liability insurance by setting the maximum compensation limit as KRW 50 million for the damage incurred due to medical accidents in the course of providing the medical services by the Defendant Council member.

B. On February 28, 2009, Plaintiff A, who was admitted to Defendant Council members, was subject to the marization procedure (hereinafter “instant procedure”) on both sides by using the IPL machine, the skin therapy (hereinafter “IPL”).

C. The plaintiff A suffered multiple 2 degrees pictures accompanied by spawn spores (at present images were cured) while undergoing the instant treatment, and the present low-liter and spores are remaining. This is a symptoms that occurred after the IPL procedure.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 8, Eul evidence Nos. 4 and 7 (including paper numbers), the result of the court’s commission of physical examination to the director of the Seoul Esaton University, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs' assertion 1) as to the fact that the procedure of this case was conducted, the plaintiffs asserted that the plaintiff A's leg was conducted in the state of solar learning at the time of the procedure of this case. In such a case, the defendant D asserted that the plaintiff A was erroneous by actively recommending the plaintiff A to undergo the procedure of this case, even though it should have been postponed or avoided the procedure of this case. 2) According to the following: (a) the judgment of the court; (b) the statement of the evidence No. 2; and (c) the result of the examination of the medical record entrustment to the director of the central university hospital of this court; (d) the plaintiff's leg at the time of the procedure of this case; and (e) the absorption of the light energy of the IPL at the time of solar learning, there may have been many absorption related to the implementation of the procedure of this case.