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(영문) 전주지방법원 2016.12.21 2015가합4220
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On August 31, 201, the Plaintiff’s summary of the Plaintiff’s assertion was subject to the Scheduleing (hereinafter “the Scheduleing”) from D, a dental hygiene worker, working in Yansan-si C (hereinafter “Defendant Dental”). During that process, the Plaintiff’s loss caused damage to the Plaintiff due to Plaintiff’s Mean’s crymical and flabing, and caused damage to the Plaintiff. The Defendant, as the employer of B, is obligated to compensate the Plaintiff for damages due to the tort as above, or due to nonperformance under the medical contract concluded with the Plaintiff, to pay the amount stated in the purport of the claim.

B. The summary of the Defendant’s assertion is that the dental hygiene agent B of the Defendant Hospital conducted the instant Schedule to Plaintiff D, but did not cause any damage to Plaintiff D, at the time of the instant Schedule.

It is unreasonable to file the instant lawsuit after the lapse of three years and seven months from January 26, 2012, which the Plaintiff received medical treatment from Defendant Dental, despite the absence of any problem at the time of the instant Schedule.

C. The plaintiff asserts that the violation of the duty of explanation by the defendant and the gross negligence by the defendant Eul belonging to the defendant was damaged due to the plaintiff's breach of the duty of explanation at the time of the Schedule and the gross negligence by the defendant Eul, and therefore, it is a matter of whether the plaintiff damaged the plaintiff's dental frame by the defendant Eul belonging to the defendant Eul, first of all, by the Scheduleing of this case.

In light of the following facts and circumstances, it is difficult to find that there is a proximate causal relationship between the Kenyaing procedure of this case and the damage of the Plaintiff’s dental frame in light of the following facts and circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings on each of the descriptions or videos stated in Gap's 4, Eul's 2 through 4, Eul's 9, and 11 (including household numbers):

① The result of physical assessment against the Plaintiff, hereinafter “Plaintiff.”

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