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(영문) 대전지방법원 2015.09.24 2013가단8622

채무부존재확인

Text

1. The Plaintiff’s surgery against the Defendant on March 11, 2009, October 30, 2012, and treatment on November 20, 2012.

Reasons

1. Basic facts

A. On March 11, 2009, the Plaintiff filed an appeal against the Defendant’s pain and restriction on the scope of the exercise with the right-hand shoulder, and carried out a field-to-hand-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-

After October 30, 2012, the Plaintiff continuously complained of the pain, and the Plaintiff implemented an in-fluencing softening to the right-hand side of the Sing-si in-house, a non-drashing softening softening, an in-fluoring softening softening softening, and an in-fluencing fluoring flus

B. After the instant surgery, the Defendant received hospitalized treatment at a hospital operated by the Plaintiff, and discharged the Plaintiff on November 19, 2012.

On November 20, 2012, the defendant returned home after receiving the outpatient treatment, and then sent back to an emergency room on November 21, 2012 due to the symptoms of the above track.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's 1, 2, and 3, video, purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff's assertion that although the plaintiff did not have any medical malpractice in the treatment of the defendant, the defendant demanded compensation, the plaintiff does not have any obligation for the medical treatment of the defendant.

B. The defendant's assertion that the defendant suffered a right shoulder operation from the plaintiff and the pain continues to exist, which is caused by the plaintiff's intentional or negligent act.

Although the defendant appealed to the hospital operated by the plaintiff about malmal disease, such as malmar and urine, the defendant continuously prescribed the antibiotics only without any advice or cooperation from other hospital.

As a result, after the discharge on November 19, 2012, the defendant took an injection from the hospital on November 20, 2012, and then caused a large quantity of out-of-the-counter drugs to be transmitted to another hospital emergency room on the following day. This was caused by the plaintiff's illegal act.

C. The Defendant, who received an operation from the Plaintiff, but continued pains remain, was negligent in the course of the operation and treatment.