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(영문) 서울중앙지방법원 2013.03.26 2012가합84733
손해배상(의)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2009 and June 25, 2009, the Plaintiff A suffered urine, urine disability, and pedestrian disability (unborn urine), after undergoing surgery and re-operation at the Korea University Medical Center Hospital operated by the Defendant.

Plaintiff

B is the children of Plaintiff A.

B. The plaintiffs asserted that since the above disability has occurred to the plaintiff A due to the negligence of the medical personnel of the above hospital, the plaintiff A shall claim compensation for the damages from the defendant, the plaintiff A shall be paid for the amount of 5,68,360 won, and the future treatment expenses according to the results of physical examination at the time of the future lawsuit, but based on similar precedents, the plaintiff A shall be paid for urology and future treatment expenses of 13,338,400 won, and 19,763,200 won, and other expenses for purchase of goods of 5,712,00 won, consolation money of 30,000,000 won, and the plaintiff B shall be paid for consolation money of 10,000 won, respectively.

(Seoul Central District Court 2010s.16126). (c)

However, on August 31, 2010, in the absence of physical appraisal, etc. with respect to the plaintiff A, the defendant was sentenced to a claimant's judgment (a judgment in favor of the defendant) to pay the same amount as the above mediation application and damages for delay to the plaintiffs on August 31, 2010.

Accordingly, the defendant appealed (Seoul High Court 2010Na89557) on July 3, 2012, and the judgment of the court of first instance became final and conclusive.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 4, the purport of the whole pleadings and arguments

2. Judgment on the main defense of this case

A. The defendant's defense that the negligence of the medical staff at the above hospital operated by the defendant caused the plaintiff A's urology, urology, and walking disorder, which caused the plaintiffs' mental suffering, and the plaintiffs claim the payment of the remainder (the plaintiff A) after deducting the judgment from the judgment in the previous lawsuit as compensation for damages.

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