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(영문) 부산지방법원 2020.04.23 2016가단343134
손해배상(의) 등 청구의 소
Text

1. The Defendant’s KRW 3,00,000 to Plaintiff A, as well as 5% per annum from July 19, 2016 to April 23, 2020, respectively.

Reasons

1. Basic facts

A. From July 16, 2013, Plaintiff A received from the Defendant, a doctor, a DNA (hereinafter “Defendant Hospital”) the operation of the Defendant’s Medical Center (hereinafter “Defendant Hospital”).

Plaintiff

A after undergoing the third procedure on September 5, 2013, water collection has occurred by a image on the body of the person.

B. On September 6, 2013 and September 7, 2013, Plaintiff A received from the Defendant the treatment of water collection, such as drishing and light air-conditioning. From around May 2015, Plaintiff A received treatment from the Defendant, such as rashing, stem celling, dring, etc., for the protection of chrone and chromosomes, several times from the Defendant.

C. Plaintiff A and his spouse, Plaintiff B found at the Defendant Hospital over several occasions from July 11, 2015 to March 12, 2016, or claimed a large interest in relation to the chests that occurred on the part of Plaintiff A’s human body by posting a telephone to Defendant Hospital, or disputing with Defendant or Defendant Hospital’s staff due to the issue of medical records, etc.

Accordingly, the defendant filed a complaint against the plaintiff A on the charges of interference with the business, defamation, or intimidation, and the plaintiff B filed a complaint against his/her interference with business or defamation, but the plaintiffs were subject to a disposition by the Busan District Prosecutors' Office on July 19, 2016.

[Ground for Recognition: Unsatisfy Facts, entry of Gap 1 through 4, result of examination of medical records, purport of whole pleadings]

2. The plaintiffs' assertion

A. The Defendant, while conducting the rashing procedure to Plaintiff A, suffered pictures on the part of the above Plaintiff’s human body by negligence and let the Plaintiff left a moter.

B. The Defendant did not explain to the Plaintiff A that the Plaintiff could have taken pictures by means of the procedure before conducting the rashing procedure.

C. The defendant's complaint filed by the plaintiffs due to interference with business constitutes a rejection.

Therefore, the Defendant is obligated to pay the Plaintiff A KRW 20,000,000 for property damage caused by occupational negligence, and KRW 10,000 for consolation money due to the injury, breach of duty to explain, and breach of duty to explain, and the Plaintiff B.

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