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(영문) 인천지방법원 2015.11.26 2014재나169

손해배상(의)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendants as the Incheon District Court 2006Kadan81669, which sought damages from the erroneous operation, etc. of Defendant C, and the said court dismissed all the Plaintiff’s claims on July 18, 2008.

B. The Plaintiff, who is dissatisfied with the above judgment of the first instance court, filed an appeal with the Incheon District Court 2008Na15629. On October 30, 2009, the above court rendered a judgment subject to a retrial that all of the Plaintiff’s appeal was dismissed. The original judgment subject to a retrial was served on the Plaintiff on November 6, 2009.

C. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, filed an appeal with the Supreme Court Decision 2009Da10458, but the Supreme Court dismissed on March 11, 2010, and thus the judgment subject to a retrial becomes final and conclusive as is, and the said judgment dismissed was sent respectively to the Plaintiff and the Defendants on March 17, 2010.

2. Determination on the legitimacy of the request for retrial

A. After having undergone a traffic accident on February 2, 2004, the Plaintiff’s summary of the Plaintiff’s assertion asserted that the Plaintiff was admitted to an I Hospital operated by the Defendant Medical Corporation B, and that there was a strong knee knee knee knee knee knee knee knee knee kne knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne kne kne kne for about four months due to the Plaintiff’s occurrence of the above traffic accident by Defendant C, who was the doctor in charge, did not discover the Plaintiff’s judgment against the Plaintiff in the lawsuit.

In addition, the defendant C was discharged from the I Hospital on February 20, 2004 by the plaintiff.