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(영문) 서울북부지방법원 2020.06.11 2018가단107449

손해배상(의)

Text

1. The Defendants jointly share KRW 3,000,000 with respect thereto to the Plaintiff and the period from March 14, 2017 to June 11, 2020.

Reasons

1. Facts of recognition;

A. Defendant A medical corporation is a medical corporation that has a G Hospital located in Dobong-gu Seoul Metropolitan Government F (hereinafter “Defendant Hospital”) as its branch office while operating the Incheon Bupyeong-gu D Hospital, and Defendant C is a doctor who works at the Defendant Hospital.

B. On February 24, 2017, the Plaintiff: (a) visited Defendant C’s hospital by visiting the Defendant’s hospital, and (b) was given medical treatment; and (c) Defendant C solicited the Plaintiff to conduct an artificial kneeing surgery for the purpose of relaxing the knee pain.

Accordingly, on March 14, 2017, the Plaintiff received the crypology from Defendant C to the right chain (hereinafter “instant surgery”) from Defendant C, and was hospitalized in the Defendant Hospital for about 13 days, and was discharged on March 29, 2017.

C. After the instant surgery, the Plaintiff continuously complained of the right knee, and the symptoms show that the length of the knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, the right bridge to conduct the instant surgery, compared to the left side leg, does not coincide with one another.

[Ground of recognition] Gap evidence Nos. 1, 2, and 3; the result of the court's entrustment of physical examination to the head of H Hospital; and the result of the court's entrustment of medical examination to the head of I Hospital; the purport of the whole argument

2. The plaintiff's assertion and judgment

A. Defendant C breached the duty of care to take the best measures required to prevent danger according to the patient’s specific symptoms or circumstances while carrying out the instant surgery. Accordingly, Defendant C breached the Plaintiff’s right knee’s pain, as well as the noise and the non-exclusive consent that occurred from the artificial interruption whenever they walk.

In addition, even though Defendant C sufficiently predicted that the instant surgery may result in such a bad faith, it may result in the Plaintiff’s side effect.