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(영문) 부산지방법원서부지원 2019.12.10 2019가단108389
손해배상 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 16, 2019, the Plaintiff was hospitalized in an emergency room of Defendant Hospital, which was breathed beyond drinking and breathed, around 03:34 on February 16, 2019, and was hospitalized in an emergency room of Defendant Hospital from around 05:30 to 06:25, and was hospitalized in an emergency room of trauma patients at around 06:50.

B. On February 19, 2019, the dental branch of the Defendant Hospital and the medical branch of the dental branch of the Defendant Hospital issued three Plaintiff 1 dental staff in the process of the cooperation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 8, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The medical personnel at the Defendant Hospital did not perform the duty of care in the course of the surgery, but did not sufficiently explain the risks of the Plaintiff to be infected with the Plaintiff during the surgery. As a result, the Plaintiff incurred not only 34 million won per unit, but also 10 million won from mental suffering. Accordingly, the Defendant Hospital’s employer at Defendant Hospital was liable to pay the Plaintiff KRW 50 million for damages incurred to the Plaintiff due to the Plaintiff’s violation of the duty of care in the medical care of the medical personnel at Defendant Hospital and the duty of explanation in the course of the surgery. The Plaintiff’s assertion that the Plaintiff could not be able to respond to the Plaintiff’s claim of the Plaintiff’s guardian during the surgery due to the Plaintiff’s violation of the duty of care in the course of the surgery and the duty of explanation.

B. Whether judgment 1 violated the duty of care for medical practice.

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