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(영문) 서울서부지방법원 2017.06.21 2016가단243767
손해배상(기)
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The Plaintiffs asserted that the Defendants operated the anesthesia recorded in the course of the operation on February 4, 2007 against Plaintiff A, and sought compensation for damages arising therefrom. The Defendant asserted that the instant lawsuit was unlawful, since it was filed against the Plaintiff in violation of the Appellate Agreement.

Considering the overall purport of the arguments in the statement No. 4 and No. 1 (including the branch number), the plaintiffs filed a lawsuit against the school juristic person for damages on the ground of the medical malpractice of the non-party hospital under Seoul Southern District Court 2012Gahap101948, Seoul Southern District Court (2012Gahap101948). One of the grounds for the claim is one of the Defendants stated that the medical malpractice of the non-party hospital was anesthesia, and the above court dismissed the above lawsuit on June 18, 2013, and declared that the rest of the claim was dismissed, and the plaintiffs appealed against the judgment of the court of appeal (Seoul High Court 2013Na201363), and "the plaintiff may not acknowledge the fact that occurred before January 6, 2014, which was contrary to the agreement of the non-party hospital or non-party hospital (including the previous hospital or its staff members, and the above judgment of the court of appeal cannot be accepted as it is."

Therefore, the plaintiffs' lawsuits against the defendants are all unlawful, so it is decided to dismiss them. It is so decided as per Disposition.

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