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(영문) 인천지방법원 2008.07.18 2006가단81669

손해배상(의)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2004, around 15:11, 2004, the Plaintiff was subject to a traffic accident involving the left edge of G-si owned by C-owned Partnership Co., Ltd. owned by F on the two-lane road in Seo-gu Incheon, Seo-gu, Incheon.

(hereinafter referred to as “instant traffic accident”). (b)

On the day of the above accident, the Plaintiff was hospitalized in the Incheon H I Hospital located in Seo-gu Incheon, which is operated by the Defendant Medical Corporation B (hereinafter referred to as the “Defendant Foundation”) and was diagnosed by Defendant C as the doctor in charge of the foregoing accident, such as the legine 3, 4, sacrine sacrifine, sacrifine, dysium, dysium, dysium, and dysium, and was hospitalized until February 2

C. On February 23, 2004, the Plaintiff re-hospitalized the above I Hospital and received physical treatment, and discharged on May 7, 2004.

On May 21, 2004, the Plaintiff was diagnosed by the Incheon Medical Center of Incheon with the right slicker, a slicker, a slicker, the upper right slicker, and received the slicker on June 1, 2004.

[Ground of recognition] Evidence A 1, evidence A 2, evidence A 4, evidence A 5, evidence A 9, evidence A 10-1, 2, evidence A 11, evidence A 14, evidence A 16-1, and the purport of the whole pleadings

2. On the grounds delineated below the gist of the Plaintiff’s assertion, Defendant C is liable for damages arising from tort, and Defendant C’s foundation, the employer, shall pay KRW 60 million to each Plaintiff as compensation for nonperformance of obligations or tort.

Defendant C, as a doctor in charge of the Plaintiff’s medical examination, knew that there was a serious pain to the degree that it is impossible for the Plaintiff to receive physical treatment on the right-hand kne, and did not have the right-hand kne. However, as a medical personnel, Defendant C did not discover the heat of the Plaintiff’s right-hand sne, because it did not fulfill its best duty of care. Accordingly, the Plaintiff suffered from mental pain, such as receiving heavy pain and losing an opportunity to receive prompt and appropriate medical treatment for four months.