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(영문) 서울고등법원 2018.03.29 2016나2003155
손해배상(의)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) A, Plaintiff B, C, and D are dismissed.

2. An objection to the trial;

Reasons

Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.

1. Basic facts

A. Relevant Defendant E operates the “G Hospital” (hereinafter “Defendant Hospital”) in Gangnam-gu Seoul, Seoul, and Defendant F is the G Hospital’s surgery and doctor belonging to Defendant Hospital.

Plaintiff

A was performed four times by Defendant F at Defendant Hospital, and Plaintiff B is the husband, Plaintiff C, and Plaintiff D’s children.

B. On September 22, 2003, Plaintiff A’s past history (from September 22, 2003 to 2007) complained of pains and pains, etc., which was conducted by Plaintiff A, who was within the Defendant Hospital, and was subject to the RoI’s inspection. As a result, Plaintiff A was diagnosed with the same content as (i) to (iii) below.

① On September 23, 2003, the medical personnel of the Defendant Hospital recommended an operation by explaining the results of the overall inspection of the Plaintiff A and his guardian and the methods of the operation thereof, as well as explaining the pressure of the streke and the upper streke in the state of pressure due to yellow tyrosis (Osterior L, OPL) and yellow tyrosis (OYL).

At the time, the plaintiff A did not want to perform the operation as much as possible while with a certain degree of pain, and delivered on October 10, 2003 the intention to start again when he wishes to undergo the operation to the defendant hospital medical personnel.

Plaintiff

A around 2004, the pains and symptoms of both the shoulder, lusium, and lusium continued, and the symptoms have deteriorated from around 2007.

C. Plaintiff A’s treatment progress 1) up to the first operation (from May 12, 2010 to June 9, 2010), Plaintiff A complained of the reduction of sense at the same time as the senses that the reduction of sense of sense was reduced, when Plaintiff A applied to Defendant Hospital on May 12, 2010.

B. Defendant Hospital.

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