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(영문) 서울중앙지방법원 2020.02.20 2018가단5078042
손해배상(기)
Text

1. Of the instant lawsuit, the part concerning consolation money and future medical expenses shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 3,541,362.

Reasons

1. Basic facts

A. On August 1, 2016, the Plaintiff, as a Mongolia, received a breast-out operation and a fluoring type operation (hereinafter “instant sex operation”) from a hospital operated by the Defendant (hereinafter “Defendant hospital”).

B. On August 6, 2016, the Plaintiff undergone an operation to remove salt certificates at the Defendant hospital, which was caused by dynasium and oil, and thereafter, received an operation to remove brynasium inserted into the chest from the Defendant hospital on August 10, 2016.

C. On August 10, 2016, the day when the Plaintiff was performed an operation to remove sacrife, the Plaintiff paid KRW 9,00,000 to the Plaintiff an agreed amount (the agreed amount shall include all damages that may arise in the past, present, and future, and the amount including all expenses if the Plaintiff is required to undergo an additional treatment or operation in the future) in order to smoothly handle and resolve the dispute with respect to clere which the Plaintiff raised to the Defendant Hospital during the operation.

In addition, when the defendant hospital pays the agreed amount to the plaintiff, the plaintiff will no longer raise civil and criminal complaints against the defendant hospital and file a civil petition against the administrative agency.

(F) If there is a view of medical treatment within three months after the surgery, the Defendant hospital shall continue to provide the treatment and surgery without cost, if it appears within three months of the prescription of the doctor after the surgery. The amount of the agreement shall be remitted to the following account after November 10, 2016 after the termination of three months, and the time required for the remittance of the account shall be paid as soon as possible under mutual agreement (payment within seven days, and in the case of civil, criminal or administrative civil petition which has already been filed, immediately withdrawn.

The agreement is the only and complete agreement between the defendant hospital and the plaintiff, and after this agreement, the defendant hospital and the plaintiff have any rights, obligations or obligations.

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