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(영문) 울산지방법원 2017.07.19 2016가단25552
손해배상(의)
Text

1. The Defendant’s KRW 7,383,340 as well as the Plaintiff’s annual rate of 5% from June 13, 2014 to July 19, 2017, and the following.

Reasons

1. On May 18, 2004, the Plaintiff was hospitalized in the CTemporary Foreign Service Corps operated by the Defendant, and was administered by the Defendant for the removal of water from the left elbow.

In the process of the operation, the Defendant was furned with two foreign substances (20m x 3m, 12m x 3m m x hereinafter “the instant foreign substances”) of solid and transparent plastic materials on the part of the Plaintiff’s surgery while left.

(hereinafter “the instant medical accident”). Since then, the Plaintiff continued to produce pain on the left part of the elbelbow, the Plaintiff was inspected by the Ulsan National University Hospital on June 2, 2014. As a result of the inspection, it was found that there was a foreign substance on the part of the Plaintiff’s elbow.

Accordingly, on June 13, 2014, the Plaintiff received surgery to remove foreign substances from the Ulsan National University Hospital on June 16, 2014.

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 and 6, and the result of fact-finding on the director of the Ulsan National University Hospital in this Court, the purport of the entire pleadings

2. Judgment on the defendant's liability for damages

A. In the event that the Defendant had a duty of care to remove all of the foreign substances used during the surgery, the Defendant was at the fault of felbling the parts of the instant substances used during the surgery while leaving these substances in the Plaintiff’s elbow.

Therefore, the Defendant, as a tort, is liable to compensate the Plaintiff for all damages incurred by the Plaintiff due to the instant medical accident.

As to this, the Defendant asserts that, from May 18, 2004, the Plaintiff filed the instant lawsuit from May 18, 2004 to November 17, 2016, the ten-year statute of limitations stipulated under Article 766(2) of the Civil Act, and that the period of prescription has already expired and the Plaintiff’s damage claim expired. In the case of damage claim based on an illegal act at time interval between the harmful act and the actual damage arising therefrom, the meaning of “the date on which the statute of limitations elapsed”, which serves as the starting point for the statute of limitations.

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