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(영문) 서울중앙지방법원 2015.12.03 2014가단154660
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 25, 2013, the Plaintiff was hospitalized in C Hospital run by the Defendant (hereinafter “C Hospital”).

B. On January 13, 2014, the Plaintiff received vertebrate ebrate ebrates for L3 (No. 3) in C Hospital.

C. On January 17, 2014, the Plaintiff was discharged from C Hospital.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, the purport of the whole pleadings

2. Determination

A. On December 20, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was faced with a nurse and a subordinate nurse working at C Hospital, resulting in an injury to L3 closed alley due to the shock.

While being hospitalized in C Hospital, the Plaintiff did not have any astronomical consciousness while being hospitalized in C Hospital, and suffered physical and mental pain, such as the side effects of drugs prescribed in C Hospital, due to the side effects of drugs.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 44,579,970 (the amount of KRW 4,579,970 for physical and mental damage for eight months due to the side effects of the astronomical treatment and the amount of damages equivalent to the wages for the period of eight months due to the closing aggregate of KRW 10,000,000 for the damages equivalent to the future living costs due to the closure aggregate of KRW 10,000 for the damages.

B. The evidence submitted by the Plaintiff alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it.

Rather, in full view of the records in Eul evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2-2, Eul evidence 3, the results of the examination of the medical records by the head of Korea University Ansan Hospital, the results of the examination of the medical records by the head of Korea University Ansan Hospital D, the whole purport of the arguments, and the whole purport of the arguments, the plaintiff, in full view of the following: (i) the fact that the plaintiff had been receiving the treatment of the sacity before being hospitalized in the C Hospital; (ii) the medical records of the C Hospital (Evidence No. 1) was cut back from the toilet around 06:0 on December 11, 2013; and (iii) on December 13, 2013; and (iv) the record of medical records of the C Hospital (Evidence No. 1); and (v) it stated that the PT, POnam, and Nos. 1458, Dec. 12, 2013.

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