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(영문) 울산지방법원 2014.10.17 2012가단42795
손해배상(의)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married couple, and the U.S. Industrial Institute established under the U.S. Educational Foundation (hereinafter “Defendant Juristic Person”) is the principal agent operating the Ulsan National University Hospital located in Ulsan-dong 290-3, Ulsan-dong, Ulsan-dong (hereinafter “instant hospital”).

B. On October 2, 2011, around 16:58, Plaintiff A was used at her home due to cerebral tension, and was transferred to the Emergency Medical Center of the instant hospital by around 17:13 on the same day through 119 vehicles.

C. Under the judgment that the medical personnel of the instant hospital shows the symptoms on the left-hand side of the Plaintiff A, the medical personnel of the instant hospital taken CT photographs against the Plaintiff, and then administered the Plaintiff’s revocation of the exclusive blood transfusion with the consent of the surgery from the Plaintiff B.

Since then, while the medical personnel of the instant hospital attempted to conduct the RoI test against the Plaintiff, the said Plaintiff failed to conduct the RoI test due to severe movements, and the Plaintiff A hospitalized in the middle patient room of the instant hospital around 21:15 on the same day.

On October 3, 2011, the medical personnel of the instant hospital attempted to conduct the RoI test against the Plaintiff at around 07:30, the next day, but the Plaintiff failed to conduct the RoI test after considering the progress of interest arising from severe early symptoms of the Plaintiff A.

Plaintiff

B around 09:30 on the same day, the medical personnel of the instant hospital delivered their intent to move the Plaintiff A to another hospital, and the Plaintiff A was transferred to the Busan Hospital.

E. On October 2, 2011, Plaintiff A complained of damage to the left-hand brain due to cerebral lapsy, recognition disorder, and pedestrian inconvenience. As a result, Plaintiff A’s disability diagnosis of the second degree of brain disease was conducted, and needs to assist auxiliary equipment, such as lifelong rehabilitation treatment and wheelchairs.

[Ground of recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5 (including paper numbers), the result of this court's commission of physical appraisal of appraiser D, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs Gap asserted that the plaintiff A is brain fluoral.

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