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(영문) 대전지방법원 2018.06.27 2016나1746

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

In fact, the defendant is an oriental medical doctor who operates a single Council member with the trade name of Daehan-gu, Daejeon.

On October 29, 2012, at around 15:00, the Plaintiff received from the above-mentioned oriental medical clinic operated by the Defendant, and the symptoms of chest pain and respiratory difficulties have occurred, and then received from the above-mentioned oriental medical clinic on the same day, after visiting him/her on the same day.

Nevertheless, as chest pain and respiratory difficult symptoms continued, the Plaintiff visited the F Hospital located in Daejeon-gu, Daejeon on October 30, 2012, and was diagnosed by the doctor of the above hospital that the left-hand pleasia seems to have occurred due to the breathous pulmonary mar from the doctor of the above hospital.

On October 31, 2012, the Plaintiff was subject to a closed scarcity with a view to treating the said scarcity in the hospital.

On November 17, 2015, the Plaintiff was diagnosed by the doctor of the Chungcheongnam-Namnam University Hospital as follows: “The Plaintiff was diagnosed as having a high possibility of pleasy with the left-hand pleasy, which occurred after being caught at Hanwon on October 29, 2012.”

The Defendant neglected his duty of care to prevent the internal organs, such as dump, but neglected to do so, and caused the Plaintiff to suffer a sump on the left side of the outer personality due to the death of the Plaintiff, which requires approximately 2 weeks of treatment, by putting the Plaintiff’s dump on the Plaintiff’s dump.

‘Criminal facts' have been prosecuted.

On July 27, 2017, the Daejeon District Court rendered a fine of KRW 3,00,000 to the Defendant by recognizing the Defendant guilty of the Defendant’s injury caused by occupational negligence ( Daejeon District Court Decision 2016Ma1572). The Defendant appealed against this, but the said Court rendered a judgment dismissing the appeal on May 27, 2018.

The defendant appealed against the Daejeon District Court (2017No2432) and the final appeal (2018Do8845) is in progress.

[Grounds for recognition] The above facts are as follows: Gap evidence Nos. 1 and 2, Gap evidence Nos. 4-1, 2, Gap evidence No. 5, 6, 9, and 10, which are significant facts in this court, and the purport of the whole pleadings, and the defendant's treatment against the plaintiff.