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(영문) 의정부지방법원 2020.07.23 2017가단107124

손해배상(의)

Text

1. The Defendants jointly share KRW 9,828,882 to Plaintiff A, and KRW 1,00,000 to Plaintiff B, as well as each of the said money. < Amended by Presidential Decree No. 27340, Jul. 1, 2016>

Reasons

1. Basic facts

A. Defendant C established and operated the F Innyang-si medical clinic (hereinafter “Defendant Hospital”), and Defendant D and E are doctors working in the Defendant Hospital, who treated the Plaintiff A.

Plaintiff

A is a person who received treatment at the defendant hospital, such as care for fingerscopic care and operation of water supply area, while the plaintiff B is the plaintiff's spouse.

B. On July 12, 2016, Plaintiff A visited Defendant Hospital and received an injection from Defendant D due to the left handout, and thereafter, Plaintiff A visited Defendant Hospital on July 16, 2016 and received an injection from Defendant D, on the ground that the symptoms are more severe, etc. < Amended by Presidential Decree No. 2740, Jul. 16, 2016>

C. Plaintiff A was hospitalized at Defendant Hospital on July 18, 2016 due to the aggravation of pain, and was diagnosed on July 20, 2016 by Defendant E as an excellent part of 3 resin, and was performed a water site operation.

Plaintiff

A was hospitalized at the Defendant hospital until August 13, 2016, but symptoms, such as oil, have continued to occur from the left hand of the surgery.

Plaintiff

A discharged from the Defendant Hospital on August 13, 2016, and hospitalized at G Hospital on August 16, 2016, and received active removal, washing, and duplicating as of August 20, 2016.

Plaintiff

A was hospitalized in G Hospital on September 5, 2016, and discharged on September 5, 2016.

E. Even after discharge, Plaintiff A is subject to restrictions on the exercise scope of left hand due to symptoms of handout.

[Ground of recognition] Facts without dispute, the entries and images of Gap evidence 1 through 7, and the court's entrustment of examination of medical records to the H Hospital Head of H Hospital and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. Medical practice based on the basis of liability for damages is an area requiring highly specialized knowledge, which is not an expert, whether a doctor’s duty of care has been breached in the course of medical practice, or a breach of such duty of care, and the occurrence of damages.