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(영문) 부산지방법원 2017.10.31 2015가단78327

손해배상(의)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Defendant Incorporated Foundation B (hereinafter referred to as the “Defendant Incorporated”) is a corporation operating an E Hospital located in Busan Jung-gu (hereinafter referred to as the “Defendant Hospital”); Defendant C was a person who was a doctor belonging to the department outside of the Defendant Hospital; and the Plaintiff was a person who received medical treatment from Defendant C at the Defendant Hospital.

On November 26, 2010, the Plaintiff complained of the crupt and was provided with medical treatment at Faina, and was diagnosed on December 2, 2010 by the escape card (No. 4-5) and spine crush (No. 4-5).

On December 6, 2010, the Plaintiff was hospitalized in the Defendant Hospital. On December 7, 2010, the Plaintiff received an amount removal surgery No. 4-5 (hereinafter “instant primary surgery”) from Defendant C, and an amount to the right enforcement surgery (hereinafter “instant primary surgery”).

From December 9, 2010, the Plaintiff complained of the pains, etc. of the right bridge. On December 14, 2010, the result of the RoI’s inspection conducted on December 14, 2010, the observation of the opinion on the re-frequency of the conical signboards on the part of the operating department No. 4-5, and on the same day, the Plaintiff received from Defendant C the instant secondary surgery (hereinafter “instant secondary surgery”).

1. On December 7, 2011, A had been administered on the disk 4-5 Embrypt from the hospital other than the hospital of B and the head of Defendant C.

Since then, MRI re-recordings the MRI due to continuous neological symptoms, and is the same as the recovery after re-operation on December 14, 2010 due to the disc re-operation and the blood type.

Accordingly, Gap filed a civil petition for the re-operation part to Eul, and Gap and Eul agreed to this part by sufficient consultation.

2. As to this case, Eul shall pay Gap the consolation money of KRW 3 million, considering the part for which the period of financial resources has expired and the part for which the recovery period under the second water alcohol has expired.

In addition, the cost of hospitalization is reduced and exempted.

Since then, the rehabilitation physical treatment for the recovery of A shall be provided at the hospital of B, and the amount borne by the principal out of the expenses for outpatient treatment shall be reduced and exempted from honorable treatment.

3. A is based on B after the end of each year.