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(영문) 서울고등법원 2015.07.27 2014나45319

구상금

Text

1. Of the judgment of the first instance court, as to KRW 32,928,023 against the Plaintiff and KRW 32,581,373 among them, the judgment of the court of first instance on August 27, 2012 against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of automobile insurance for Csi owned by B (hereinafter “instant vehicle”), and the Defendant is the intention to operate the said hospital as the representative of D Hospital (hereinafter “Defendant Hospital”).

B. On February 16, 2012, B, while driving the instant vehicle on February 16, 2012, around 19:10, he shocked the knee part of E (FF) with which he knee of the crosswalk was dried at the crosswalk, Gangnam-gu, Seoul (Seoul), while driving the instant vehicle on the road near the Mana-dong Seoul Metropolitan City (hereinafter “instant traffic accident”).

C. (1) The treatment of the Defendant Hospital was conducted on February 17, 2012, and was hospitalized on February 20, 2012 at the Defendant Hospital. The medical personnel of the Defendant Hospital diagnosed the RoI test on the right part of E on February 20, 2012, and diagnosed the MaI test on each side part of the internal side rasty, maIsium, maIsium, MaIsium, and MaIsium on the left part of E on February 23, 2012. The medical personnel of the Defendant Hospital diagnosed the MaIsium’s MaIsium test on each side of E, MaIsium’s Masium, E, E, E, E, E, E, 1,000, and 2,0000,0000,0000,0000,0000,0000,0000).

E was performed the instant surgery at Defendant Hospital and discharged on April 12, 2012.

3. However, the result of the respective RoI test conducted on February 20, 2012 and February 23, 2012 on E’s chains section on the left and right side, and the result of the respective rupture test conducted on February 24, 2012 and March 16, 2012, respectively.