손해배상(의)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 26, 2008, Defendant A was hospitalized in the hospital operated by the Plaintiff and received treatment. Defendant B, as his father, guaranteed the obligation to pay the medical expenses that Defendant A bears to the Plaintiff.
나. 피고 A은 2008. 10. 26.부터 2013. 6. 18.까지 내반슬(휜다리) 교정술과 관련하여 발생한 진료비 합계 64,585,810원을 원고에게 지급하지 않고 있다.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 3 through 5, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the sum of KRW 64,585,810 for medical expenses and damages for delay, barring any special circumstance.
B. The Defendants asserted as to the Defendants’ assertion: (a) although Defendant A was hospitalized in the hospital operated by the Plaintiff and was subject to mepulmonary surgery in the operation room after being hospitalized in the operation room; (b) the Plaintiff was unable to receive appropriate first aid from the medical personnel in the operation room; and (c) Defendant A did not bear the obligation to pay medical expenses to the Plaintiff, on the ground that the treatment performed by Defendant A was merely an act of treatment to cure and prevent aggravation of damage caused by the Plaintiff’s medical malpractice, and thus, it was merely an act of treatment to prevent damage caused by the Plaintiff’s medical malpractice.
The medical treatment obligation that a doctor owes to a patient shall be deemed as a means obligation, i.e., the obligation to take necessary and appropriate medical measures in light of the current medical level with the duty of due care of a good manager for the treatment of a patient, not as a result of the achievement of the same result as the treatment of a disease. Therefore, even though the doctor fulfilled such duty of care as above, if the disease was not treated, the doctor may claim medical treatment, but the doctor