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(영문) 서울서부지방법원 2017.01.13 2015가단235189

구상금

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1. Defendant B’s KRW 101,856,260 as well as 5% per annum from July 21, 2013 to October 26, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B operated B’s hospital (the instant hospital) in Suwon-gu, Busan, and Defendant A served as the director of the division in charge of the external department of the instant hospital.

B. On January 18, 2013, Defendant A: (a) performed selective chilling surgery (the instant surgery) against D who complained of the symptoms of a wooden disc at the instant hospital via chills; and (b) conducted selective chilling surgery, which puts drugs into psychotropic chills; (c) Defendant A performed chilling surgery (the instant surgery).

D was hospitalized at the instant hospital on January 21, 2013, 2013, showing high heat, hair, and stove symptoms from the day following the instant treatment. As a result of the brain stove examination conducted on January 22, 2013, it was confirmed that stove infection was stove, and was treated at Busan National University Hospital, Busan National Medical Center, etc. on July 21, 2013.

C. The Plaintiff paid KRW 101,856,260, including the amount in excess of the upper limit of the Corporation’s charges and the amount in excess of the Defendant’s charges, to the instant hospital, Busan University Hospital, Busan Medical Center, and E, a spouse of the Busan Medical Center, etc.

Grounds for Recognition: Facts that there is no dispute between the plaintiff and the defendant A, the entries in Gap 1 through 5, the purport of the entire pleadings, and the admission between the plaintiff and the defendant Eul pursuant to Article 150 of the Civil Procedure Act.

2. Claim against the defendant A;

A. At the time of the Plaintiff’s assertion of this case, Defendant A had been 3 times or knife because he did not use the climatic image because he was unable to properly grasp the location of the climatic and he did not prevent infection, and caused sule infection by being infected by sule and having been infected by sule, because he did not reuse the climatic and prevent infection.

B. According to the result of the request for appraisal of medical records, the frequency of occurrence of spawn infection is 5-10,000 persons per 10,000 persons, and the cause of occurrence is the transfer of spawn increased from blood to the space of brain spawn and spawn.