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(영문) 서울북부지방법원 2017.08.18 2017나566

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On September 16, 2014, the Plaintiff entered the dental clinic operated by the Defendant, and at the time, the Plaintiff was rarely in the state of the upper mouth, and, in particular, the sacrine was in the sacrine frame from the sacrine to the sacrife for about 4 to 5 years, but the sacrat was in the state of the sacrat.

B. The Defendant entered into a medical treatment contract with the Plaintiff around September 16, 2014, and explained to the Plaintiff that it is necessary to conduct a crypt crypt crypt cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cry

C. From September 16, 2014 to February 6, 2015, the Defendant removed the existing eggs, re-established the eggs, and performed the treatment of the paint. D.

As the Plaintiff occurred at the bottom of the side of the side in which the Plaintiff entered the dental college No. 33, the Plaintiff re-exploited on July 28, 2015, and was prescribed by the Defendant, such as tobacco, etc.

E. On September 7, 2015, the Defendant carried out a plastic surgery on the left-hand side of the Plaintiff.

F. On November 14, 2015, the Plaintiff filed an appeal against the lower-class left-hand side of the Haak, which led to the Plaintiff’s appeal.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Serious pains experienced by the Plaintiff were caused by the Defendant’s medical negligence. As such, the Defendant is obligated to pay KRW 10,000,00,00, such as the cost of re-operation accordingly. 2) Moreover, the Defendant was negligent in the first procedure of crypt, and re-checked on February 2015.

B. When a physician who has a negligence in the Defendant’s medical examination and treatment provides medical services such as diagnosis and treatment, he/she has the duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances, and the doctor’s said duty of care at the time of performing the medical acts.