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(영문) 서울남부지방법원 2017.01.20 2015가단242515
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. The defendant is a person who operates the "C Council member" (hereinafter referred to as the "Defendant Council member").

On October 7, 2013, the Plaintiff (former: D) had a doctor E andco sex surgery consulted with a doctor who is in charge of sexual surgery and treatment, and had a cosexual surgery using a universal figure and a local transplant surgery (hereinafter referred to as “instant surgery”).

B. At this time, E, while conducting the instant surgery, put too long containers into the Plaintiff’s coaches, and the end of the instant container out of the Plaintiff’s left eye was protruding.

The Plaintiff received a re-operation from E two months after the re-operation, but after the re-operation, the Plaintiff was subject to her crypology and the first dypology surgery at the medical school Sypian Hospital (hereinafter referred to as “Sypian Hospital”) in the medical school of the next generation on May 8, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, whole purport of pleading

2. Whether liability for damages arises;

A. (1) The Plaintiff’s assertion (1) while performing the instant surgery, the Plaintiff’s assertion E put too long so as to put the Plaintiff’s nose into the Plaintiff’s crypt, and the end of the instant crypted beyond the Plaintiff’s left eye.

The plaintiff was subjected to re-operation from E, but after re-operation, the plaintiff received constant medical treatment with crost and sacrine.

E has a duty of care to take the best necessary measures as a doctor to perform the instant surgery or re-operation, and neglected to do so, and caused the Plaintiff to suffer from the instant surgery or re-operation, and thus, is liable to compensate the Plaintiff for the damages incurred to the Plaintiff.

(Responsibility or tort liability) The Defendant, upon entering into the instant surgery contract with the Plaintiff, has a duty of care as a good manager to perform necessary and appropriate medical measures suitable for practice of clinical medicine with the fiduciary duty, but failed to perform that duty.

The defendant is also E's employer.

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