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(영문) 창원지방법원통영지원 2015.06.30 2013가단9207

손해배상(의)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 9, 2012, the Plaintiff received surgery from Defendant B to remove harsh saws, which was operated by the Defendant Medical Corporation Medical Corporation (hereinafter “Treatment Hospital”) due to symptoms showing the shaking of the left saws.

B. On November 12, 2012, the Plaintiff: (a) received a recommendation to re-hospitalize the Defendant Company B to have the left cover of saw removal surgery; (b) received hospital hospitalization from November 14, 2012 to December 21, 2012; and (c) received hospital hospitalization on December 22, 2012, by re-hospitalize the hospital and received hospital hospitalization until January 12, 2013.

C. On January 17, 2013, the Plaintiff was hospitalized in Busan National University Hospital, which was located in Seo-gu, Busan, in order to treat the left spouting of spouting of spouts. On January 18, 2013, the Plaintiff underwent an operation to cut the left spouting of spouts on five occasions, and was discharged on May 14, 2013.

【Ground for recognition】 Evidence Nos. 1, 2, 6, 13, 14, and 17 of the Evidence Nos. 1, 2, 2, 6, 17, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant B’s summary of the Plaintiff’s assertion was erroneous in the process of performing the Plaintiff’s operation to remove the Plaintiff’s strict saws and treating their originals, thereby causing the Plaintiff to be able to remove the Plaintiff’s left cover, and the Defendant Medical Care Foundation is liable to compensate the Plaintiff as the employer of the Defendant B for the damages incurred. As such, the Defendants are jointly liable to compensate the Plaintiff for the damages incurred to the Plaintiff, namely, the lost income, namely, KRW 26,864,876 (from November 9, 2012 to May 4, 2013) (10% of the labor disability loss rate of the Plaintiff, and KRW 14% of the labor disability loss rate of May 18, 2019, KRW 2,673, KRW 128, KRW 200,000, and delay damages).