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(영문) 의정부지방법원고양지원 2016.04.15 2015가단25139

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a male who is a male who is the birth of the Plaintiff, and was transferred to the hospital operated by the Defendant after being loaded in the 119 first-aid vehicle in the stairs around October 24, 2010.

B. Around October 25, 2010, the Defendant carried out, with respect to the Plaintiff, metal fixing a body frame for the “balone between the left parts of the base,” and around that time, with respect to the “balone between the left parts of the base,” which was found through CT shooting on the left part of the left part of the base, fixed the “balone of the front part of the front part of the base,” instead of surgery treatment, and provided physical treatment.

C. After that, the Plaintiff’s shoulder tag was continued and around December 10, 2010, the result of the MIM’s inspection was found to be “the front floor distribution on the left side of the back side.”

D hospital working for the Defendant was scheduled to perform an operation for the treatment of “the pre-round pre-round medical treatment” according to the Plaintiff’s treatment process of “the pre-round medical treatment,” but the Plaintiff was discharged from D Hospital on February 24, 201, and received an surgery, such as the sprinking of the pre-round medical treatment at the East National University Hospital on April 18, 201.

【Ground for Recognition: Facts without dispute, Gap evidence 9, 10, 11 (including each number), Eul evidence 5, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On October 24, 2010, Plaintiff 1, the Defendant, despite the duty to have diagnosed the malute of the malute (hereinafter “instant injury”), was unable to diagnose the malute of the malute of the malute (hereinafter “instant injury”). ② Although the Plaintiff had a duty to provide appropriate treatment in light of the medical level at the time of the malute surgery, the Defendant was negligent by simply fixing the malute and performing only physical treatment, thereby making the instant injury worse.

Therefore, the defendant is liable to pay to the plaintiff the damages caused by the above negligence, including the sum of KRW 33,952,396, and damages for delay, ① the treatment cost, KRW 994,856, ② the lost profit from the loss of labor ability, KRW 3,957,540, and ③ the above data KRW 20,00,000, and KRW 33,952,396.

B. Medical science at the time of the defendant.