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(영문) 수원지방법원 2014.12.18 2012가단98382

손해배상(의)

Text

1. The Defendant’s KRW 14,786,151 as well as the Plaintiff’s KRW 5% per annum from December 13, 2012 to December 18, 2014.

Reasons

1. Basic facts

A. From September 16, 2009 to July 27, 2010, the Plaintiff’s “Cental Hospital” located under the Defendant’s operated from September 16, 2009, the Plaintiff means that the Plaintiff’s “Cental Hospital” consists of 14 parts of the upper and the upper right, 2nd, 2nd, 1st, 1st, 2nd, 2nd, 2nd, 1st, 2nd, 1st, 2nd, 2nd, 2nd, 1st, 1st, 2nd, 2nd, 3th, etc., of the upper right, the part of the lower right, 1st, 1st, 1st, 2nd, and 2nd, the part of the steel treatment performed by the dental surgery consisting of metal, outside, 14th, 14th, and the part of the upper right, which has a sufficient strength compared to the arching substance.

A total of 19 dental services, including five ambaciums, have been provided through the following treatment procedures:

(hereinafter “instant procedure”). On September 16, 2009, the first day of the Defendant’s dental visit to the Defendant’s dental surgery on September 24, 2009, and the first day of the Defendant’s dental surgery on October 7, 2009, the first day of the production and installation of the final visible scraping surgery on November 24, 2009, and the last day of the instant surgery on July 8, 2010.

B. The Plaintiff paid KRW 24,500,000 to the Defendant for the medical expenses of the instant procedure at the time of completion of the instant procedure.

C. At present, the Plaintiff is in a state of non-conformity of class III, such as early contact and overall opening of dental services, and the Plaintiff suffers from difficulties in diet due to lack of high-type writing.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the result of the physical examination commissioned to the director of the Hospital of Gyeonghee University and the result of fact inquiry, the purport of the entire pleadings

2. Determination on the claim for damages caused by medical malpractice

A. The occurrence of liability for damages is between the occurrence of a tort due to a breach of duty of care in the original medical practice and the occurrence of damages in order to be held liable due to a breach of duty of care in the medical practice.