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(영문) 서울북부지방법원 2020.09.24 2019가합22450
손해배상(의)
Text

The Defendants jointly share KRW 20,000,000 with respect to the Plaintiff and 5% per annum from November 18, 2015 to September 24, 2020.

Reasons

1. Basic facts

A. Defendant B’s organization is a corporation operating an E Hospital in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Defendant Hospital”); Defendant C is a doctor working at the Defendant Hospital; and the Plaintiff is a patient who was operated by Defendant C at the Defendant Hospital.

B. On August 5, 2013, the Plaintiff underwent the U.S. cancer operation on the left-hand left-hand part of the Defendant Hospital, following a regular transitional observation and tracking test at the Defendant Hospital for the verification of the recurrence of the U.S. cancer.

C. As a result of the chest CT test conducted by the medical staff of the Defendant Hospital against the Plaintiff on November 18, 2015, it was confirmed that the Defendant Hospital’s opinion was influored on the left-hand fluor of the Plaintiff, and that the Defendant Hospital’s medical staff recommended the Plaintiff to undergo a tracking test after five months.

As a result of the chest CT test conducted by the medical staff of the Defendant Hospital against the Plaintiff on June 17, 2016, it was confirmed that there was a fluorial opinion on the left-hand side of the Plaintiff. Accordingly, on June 28, 2016, the Defendant Hospital’s medical staff conducted an organizational inspection on the Plaintiff, and as a result, it was confirmed that it was transferred to the left-hand side of the Plaintiff’s fluor cells.

E. Around July 2016, the Plaintiff confirmed that he/she transferred to the F Hospital the left-hand feldump and the left-hand feldum cells were transferred to the left-hand feldum, and from August 2016, the Plaintiff was receiving aviation cancer and radiation treatment at the F Hospital from around F Hospital to August 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the result of the court's entrustment of physical examination to G hospital heads, the purport of the whole pleadings

2. As a result of the chest CT test conducted against the Plaintiff on November 18, 2015, the medical personnel at Defendant Hospital asserted by the Plaintiff did not immediately conduct a organizational examination as to whether or not the transfer of cancer cells is transferred to the left-hand body of the Plaintiff, even though it was confirmed that the medical personnel at Defendant Hospital conducted with the Plaintiff on November 18, 2015.

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