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(영문) 서울동부지방법원 2020.09.02 2020나20977
손해배상(의)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic facts" in the reasoning of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) From August 29, 201, the Deceased continuously complained against the Defendant for an abnormal symptoms of the fire extinguishing system, such as clothes, fals and pains, after eating food. Despite such appeal, the Defendant did not provide any specific prescription or treatment on the deceased’s symptoms. 2) Even though the Deceased had already been hospitalized in the Defendant Hospital on October 18, 201 due to his main symptoms, the Defendant did not get a compromise with the fire extinguishing machine in order to identify the causes of the above abnormal symptoms, or did not get the Defendant to undergo an inspection, such as the above internal and external test and CT test, in order to identify the causes of the above abnormal symptoms.

3) Although the Deceased complained of abnormal symptoms of the fire extinguishing system on June 21, 2013, and was hospitalized at the Defendant Hospital, the Defendant also cancelled the Deceased’s reservation for outpatients and outpatients treatment. 4) As such, due to the Defendant’s negligence of delay in the cryp diagnosis, the Deceased lost the opportunity to undergo the terminal cancer diagnosis on the wind that would have to undergo the terminal cancer diagnosis at around August 21, 2013, after the state of the deceased’s death.

The plaintiff, who is the spouse of the deceased due to the above negligence by the defendant, suffered mental pain, and the defendant is obligated to pay consolation money of KRW 100 million and delay damages to the plaintiff.

B. In full view of each of the evidence indicated earlier, Gap evidence No. 1, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 7, Gap evidence No. 8, and Gap evidence No. 11 through No. 13, the deceased appealed to the defendant around August 29, 201, and there was an increase in the number of times gas and pains after sending text messages to the defendant around August 29, 201.

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