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(영문) 인천지방법원 2015.02.13 2014나3665

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant 2,000,000 won against the plaintiff A, 2,000 won against the plaintiff B and C, respectively.

Reasons

1. Basic facts

A. On February 2012, 2012, Plaintiff A received from Defendant’s employees “F” (hereinafter “instant store”) from the Defendant’s “F” (hereinafter “instant store”) that is a sales store of the Socheon-gu E shopping mall 41 operated by the Defendant.

B. After undergoing the instant medical procedure, the Plaintiff received treatment of scambling, antibiotics, etc., and was administered several times from March 15, 2012 to May 12, 2012, such as antibiotics, antibiotics, scambling control, and chlorates, etc., on several occasions at the Hacheon Hospital, etc. from around March 15, 2012 to around May 12, 2012.

C. The Defendant: (a) committed a criminal act in collusion with G, which stated that “B had engaged in an unlicensed medical act of drilling and cutting a hole to the body part of the customers at the instant store, regardless of whether it is not a medical person; and (b) was indicted on the criminal fact that “G engaged in the instant without a license, and that “I suffered from ear farming by performing the instant treatment due to negligence on duty,” and the criminal fact that “I suffered from ear farming by having the Plaintiff undergo ear farming.” (C) at the first trial of the said criminal case, the Defendant and G were fully aware of each of the above criminal facts in the instant criminal case; (b) on October 26, 2012, the Defendant was sentenced to a fine of KRW 3 million and a fine of KRW 4 million from the above court; and (c) on November 3, 2012, the judgment became final and conclusive on December 3, 201.

Plaintiff

B and C are the parents of Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 13, Gap evidence 14-1 to 4, Gap evidence 15-8, Gap evidence 20, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In full view of the facts and evidence stated earlier of the grounds for liability, the Defendant is G, based on the following: Gap evidence Nos. 6 to 10, Gap evidence No. 15-1 to 7, and Gap evidence No. 9 to 22, and the overall purport of the pleadings.