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(영문) 대전지방법원 2017.10.19 2016가단222665
손해배상(의)
Text

1. The Defendants jointly share KRW 61,281,228 with respect to the Plaintiff and the period from September 8, 2016 to October 19, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant C Cooperatives (hereinafter “Defendant Cooperatives”)

(2) On September 8, 2016 and September 20, 2016, the Plaintiff was a juristic person operating a hospital with the trade name of “E Council member” in Seo-gu Daejeon, Seo-gu, Daejeon. Defendant B was employed by the Defendant Union and provided the Plaintiff with a sexual intercourse. (2) The Plaintiff received from Defendant B a sexual intercourse with the upper and the lower court’s sexual intercourse with the Defendant on two occasions on September 8, 2016 and September 20, 2016.

3) At present, the Plaintiff shows that (i) reflective reflectors around the left-hand eye of 8 cm size, 2.5 cm x 1 cm x 1cm x gallematic reflectors, stalle-fregradation and snow transformation with reflectors, (ii) reflectors of 6 cm size in the right-hand side of the snow, balle-bregradembing of the 6 cm size, (iii) reflectors of an operation around the 7 cm size, and (iv) reflect reflects of an operation around the balle-bre in the right-hand side of the 7 cm size. [In the absence of any dispute over the grounds for recognition, the entry of Eul evidence No. 2, the images of evidence No. 1, the results of physical

B. In implementing the upper and the lower court’s judgment, Defendant B neglected his/her duty to conduct a careful examination of the method of surgery, etc. suitable for the Plaintiff’s physical condition and to conduct a careful surgery, which led to the Plaintiff’s failure to do so, and the alteration of eye and eyes around the Plaintiff’s eye.

Therefore, Defendant B is the medical personnel of the Defendant Hospital who performed the instant surgery, and the Defendant Cooperative is jointly liable for the damages incurred by the Plaintiff due to the negligence in the above procedure as the operator of the Defendant Hospital.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be 5/12 percent per month.

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