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(영문) 서울중앙지방법원 2020.07.10 2016가단5243613
손해배상(의)
Text

1. The Defendant’s KRW 10,974,717 as well as 5% per annum from January 4, 2016 to July 10, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 9, 2015, the Plaintiff received a sex-type operation (hereinafter “the first operation of this case”) from the Defendant, which operates “Cumpt”, inserting a type of solid container in which water bags are inserted into both banks (hereinafter “the instant first operation”).

B. After the first operation of the instant case, the Plaintiff occurred from the blood transfusion and the left-hand relative on both sides, and thereafter symptoms, such as the formation of a childcare organization and pressure, have continued on the right-hand bank. Accordingly, on July 21, 2015, the Plaintiff underwent an operation to remove the relic inserted into the right-hand bank from the Defendant.

C. On January 4, 2016, the Plaintiff undergone a sex surgery (hereinafter “the instant secondary surgery”) that re-injects a universal figure into the right bank (hereinafter “instant secondary surgery”) from the Defendant. After the instant surgery, there was symptoms of stringing the surrounding skins around the hacks for inserting a universal figure and for inserting a universal figure.

After the second operation of this case, the Plaintiff continued to perform the above symptoms and the pains of the part of the operation. On February 19, 2016, the Plaintiff received an operation to remove all the shapes inserted into both chests from the Busan National University Hospital.

E. At present, under both sides of the Plaintiff, the upper half of the size of 4 cm remains, and both sides are in a state of name different in height and location.

【Ground of recognition】 The fact that there exists no dispute, entry or video of Gap, Gap’s 4, 5, 7, 12, Eul’s 4 through 8 (including a branch number; hereinafter the same shall apply), the result of the physical appraisal commissioned to the Director of Seoul National University Hospital, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. After the first operation of the instant case, the Defendant did not properly observe the progress of the surgery department and manage blood species and liquid species, resulting in symptoms where the part of the Plaintiff was fluence and the part of the Plaintiff. At the time of the second operation of the instant case, the part of the Plaintiff’s claim was fluent by inserting excessively large universal features at the time of the second operation, and the operation was performed.

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