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(영문) 인천지방법원부천지원 2014.02.11 2012가단22978

손해배상(기)

Text

1. The Defendant: (a) against the Plaintiff A, KRW 26,51,906, KRW 250,000, and each of the said amounts, respectively, to the Plaintiff B and C. < Amended by Presidential Decree No. 23500, Mar. 1, 2012>

Reasons

1. Basic facts

A. On February 2012, 2012, Plaintiff A received a smoking operation from Defendant G’s employee G on the left left ear frame of the instant case (hereinafter “instant operation”) at F, which is a sales store of the Defendant’s musical mall E shopping mall 41 located in Seocheon-gu, Seocheon-gu, Incheon.

B. After undergoing the instant medical procedure, the Plaintiff was treated as having been administered several times from March 15, 2012 to May 12, 2012, such as humping and antibiotics, antibiotics, medical control, and chump medication, etc.

C. Notwithstanding that the Defendant was not a medical person in collusion with G as his/her employee, the Defendant was indicted for committing a crime that he/she engaged in an unlicensed medical act of drilling and cutting the hole to ear, which is a part of the customers’ body, for the purpose of smoking at the above musical instruments sales store, and was sentenced to a fine of KRW 3 million in the case No. 201-Ma1413, Busan District Court Decision 2010, Nov. 3, 2012, and the above judgment became final and conclusive on November 3, 2012.

Plaintiff

B and C are the parents of Plaintiff A.

[Ground of recognition] Evidence No. 1, 4, Evidence No. 13, Evidence No. 14-1, and 2-2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Based on the basis of the responsibility, the following circumstances can be acknowledged by comprehensively taking account of the overall purport of the arguments as a result of the physical examination of Gap evidence No. 15-1 to 18, this court's net flive University Hospital heads, and Lee Dong-dong Hospital heads of this court. In other words, the defendant employed G and ordered customers to put the ear, etc. purchased at the store of this case into a single stop for smoking. Accordingly, the defendant's employees G should explain the possibility that the skin disease may occur due to scopic infection on the administering part of the administering part, and properly disinfect the administering part, and take measures to prevent scopic infection at the time of the procedure.