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(영문) 서울중앙지방법원 2015.09.10 2013가단5130891

손해배상(의)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 21, 2012 to December 26, 2012, the Plaintiff received local destruction surgery, such as multi-high frequency local destruction surgery, external shocking procedure, circular discharge control, emulgary discharge control, emulgary dysium and liquid emulgary dysium from Defendant C (hereinafter “Defendant hospital”) operated by the Defendant (hereinafter “Defendant hospital”), and dynasiums as prescribed by the food suppression scheme.

B. As to the capture that occurred on November 28, 2012, etc., the Plaintiff was diagnosed by a member of the D Council after being diagnosed by the member of the D Council, and used the medication.

C. On January 4, 2013, the Plaintiff showed the symptoms of livering the livering, and was diagnosed by the Gacheon-ro Hospital as the viral viral virosis in detail, and as the livering condition of an unknown livering quality.

[Reasons for Recognition] Each entry of Gap 1 through 9 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion medical professionals did not properly examine the Plaintiff’s health condition and carried out local destruction surgery in an unreasonable way, together with allowing the Plaintiff to take food suppressions, thereby weakeninging the Plaintiff’s immunodeficiency force. The Plaintiff aggravated the target spawn by undergoing surgery after the outbreak of the target spawn, and thereby, the target spawn virus caused brain infection to the Plaintiff.

In addition, the medical professionals of the defendant hospital did not explain the possibility of the outbreak of the target spawn and the brain spawnosis while implementing the local destruction technology, and did not fulfill the duty of explanation

B. (1) There is no evidence to prove that the outbreak of the Plaintiff’s outbreak was caused by the treatment at the Defendant hospital and the taking of bathing suppressions.

In addition, according to the record No. 12 and the medical corporation's fact-finding on the roadside Medical Foundation, according to the result of the request for the examination of medical records for Samsung Seoul Hospital, the plaintiff was voiced as the result of the examination of the target viral virus at the time of being hospitalized in the Acheon-ro Hospital, and it was diagnosed as the viral viral infection because it was impossible to know the cause of brain infection, and at the time of the outbreak of brain infection.