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(영문) 춘천지방법원강릉지원 2019.04.10 2018가단31466
손해배상(의)
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. Around 05:40 on September 3, 2016, the Plaintiff (CBs) appealed from the hospital operated by the Defendant (hereinafter “Defendant hospital”) due to the symptoms of the stopy, stoke, stoke, and stoke symptoms, and complained of the medical personnel that “it is difficult for the Plaintiff to see ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ices, grosto gros, and there is two gros to the Defendant hospital.”

B. The medical personnel at Defendant Hospital diagnosed the Plaintiff as a disguised salt, and discharged the Plaintiff at around 10:0 on the same day after treating the amount of the Plaintiff and the treatment for injection.

C. At around 21:12 on the same day, the Plaintiff was diagnosed with brain cerebral tension in 21:32 after being taken to the emergency room of the E Hospital on the same day.

The medical personnel in the E Hospital implemented the preservation veterinary method (nivethol injecting) to the Plaintiff. On September 4, 2016, the medical personnel in the E Hospital implemented two diversing methods on September 4, 2016.

E. At present, the Plaintiff was diagnosed as class 5 of the brain disease as follows: “A person’s personal hygiene, melting treatment, hairing, stairs hating, and walking condition.” Considering the father’s condition and degree of brain image data, treatment progress, etc., the Plaintiff was diagnosed as having been performing one’s own behavior and most daily activities without another’s aid, but the Plaintiff was unable to perform as a complete part of one’s daily activities.”

[Ground of recognition] Facts without dispute, Gap 3, Eul 8 through 10 (including virtual numbers), Eul 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion falls under the employer who had the defendant hospital run the defendant hospital using the medical staff of the defendant hospital, and thus, the defendant is liable to compensate the plaintiff for damages incurred by the medical staff of the defendant hospital due to the following negligence pursuant to Article 756 (1) of the Civil Act.

① The Plaintiff complained of the Oral Jin’s negligence: (a) the Plaintiff complained of the Oral Jin’s disease, the Oralto, the Oralto, and the two copies; and (b) the medical staff at the Defendant Hospital appears to have the stroke symptoms in the emergency room.

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