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(영문) 서울중앙지방법원 2016.05.25 2015나39349
퇴거
Text

1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) Defendant A, on September 17, 2012, went to the Gangnam Synae Hospital (hereinafter “Plaintiff Hospital”) operated by the Plaintiff on the grounds of the need and non-fluence around September 2012, and the medical personnel of the Plaintiff hospital, in order to treat the confluence of the side signboards, such as the rupture No. 4-5, which were shown in the MRI inspection, carried out the cuplicative removal of the rupture, etc. on September 17, 2012.

(2) The medical personnel of the Plaintiff hospital confirmed that the fixed 1th YO was carried out after the surgery and carried out Na dynasium correction and reletination on September 20, 2012.

(3) On September 16, 2012, Defendant A, the husband of Defendant A, jointly and severally guaranteed the Plaintiff’s obligation to pay Defendant A medical expenses within the limit of KRW 50,000,00. The Defendants agreed to comply with the medical judgment of the medical personnel of the Plaintiff hospital when the Plaintiff was hospitalized.

(4) From September 16, 2012, Defendant A occupies the instant sick room under the Plaintiff’s hospital’s treatment.

The sum of medical expenses from September 16, 2012 to March 16, 2015 exceeds 43,118,070 won; the sum of medical expenses from March 17, 2015 to October 6, 2015 exceeds 4,282,910 won; and the sum of medical expenses from October 7, 2015 to November 9, 2015 exceeds 736,370 won.

(5) The Plaintiff hospital presented a medical opinion that the Defendants did not pay the medical expenses and the doctor in charge did not need hospital treatment, and accordingly, notified the termination of the medical contract with the Defendant A, such as determining the discharge to the Defendant, and accordingly demanding the Defendant A to pay the medical expenses and discharge the medical expenses.

However, Defendant A refuses to discharge even before the date of closing argument in the trial.

(6) Meanwhile, on September 16, 2015, Defendant A asserted that the Plaintiff and the Plaintiff hospital’s medical professionals were disabled by the Plaintiff hospital’s medical malpractice, and the Seoul Central District Court filed a lawsuit claiming damages.

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