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(영문) 서울서부지방법원 2015.09.09 2013가합35955
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 7,973,532 to the Defendant (Counterclaim Plaintiff) and its related amount from July 24, 2013 to September 9, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1.The following facts do not conflict between the Parties:

Defendant (C) was admitted to the hospital operated by the Plaintiff, suffering from the bottom of the boness (referring to the bones forming the verte and the verte of the fingers) on July 8, 2013;

7. 10. The person received the first hand-on (the first hand-on) and the K-K-Won line fixed.

7.12. As a result of X-ray shooting, there was no particular error on the part of the operation.

B. The defendant is hospitalized for recovery.

7. 24. 24. X-ray was released prior to discharge, and K-GG lines were separated, and confirmed as being genomy in a state of fating without being properly fixed.

C. Accordingly, the Defendant visited D Hospital following the following day and performed re-operation, but at present, there is a limitation on the right fourth and fifth fingers' movement function due to the illegal unity and tolerance of the pelvis.

2. Occurrence of liability for damages;

A. In full view of the facts acknowledged before and after the medical malpractice and causation, and the following circumstances that can be confirmed by adding up the overall purport of arguments as a result of the medical record appraisal commission entrusted by the President of the Korean Medical Association, i.e., (ii) X-ray shooting from time to time (in the case of an accurate fixed period, two weeks, and one week, if the fixed period is uncertain) to prevent the illegal collusion after executing the medical record appraisal request by the President of the Korean Medical Association, (iii) X-ray shooting should be verified, and (iv) there is considerable possibility that the fixed portion of the body of the body of the body of the body of the body of the body of the body of the Plaintiff, even if performing the best duty of care, may escape from the K-K-K line, and (iv) there is a possibility that the body of the body of the Plaintiff might spread between two weeks while the body of the body of the body of the Plaintiff was not properly fixed.

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