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(영문) 서울중앙지방법원 2020.05.08 2019가단5153155
손해배상(의)
Text

1. The Defendant’s KRW 10,97,990 for the Plaintiff and 5% for each year from July 9, 2018 to May 8, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Defendant is operating a clinic B within Seocho-gu Seoul Metropolitan Government (hereinafter “instant hospital”).

B. On July 9, 2018, the Plaintiff (D) was admitted to the instant hospital in order to undergo the internal border inspection (hereinafter “instant internal border inspection”).

C. From around 13:00 on July 9, 2018, the Defendant, from around 13:13:18 to the Plaintiff, had the instant hospital conducted an internal inspection. On the same day, around 13:18, the Plaintiff appealed for a serious number of clothes during the inspection and suspended the inspection. At around 17:30, the Plaintiff complained for and suspended the re-inspection.

Since then, the plaintiff constantly complained of the pains, the defendant did not discover any specific opinion even though the plaintiff conducted a bome radiation inspection in the status of the plaintiff's taking over around 18:40 on the same day.

E. On July 10, 2018, the Plaintiff returned home and received treatment for the symptoms of clothes, etc. from E Hospital around 7:20 on the following day. The Plaintiff was diagnosed at the above hospital, such as Symnasium, pumnasium, pumnasium, and pumnasium, etc.

After that, the Plaintiff was treated by E Hospital, etc. as having attached an artificial port through the lulux development surgery, from December 2018.

【Fact-finding without a dispute over the ground for recognition】In the absence of a dispute over the grounds for recognition, entry of Gap evidence 1 through 10 and Eul evidence 3 (including branch numbers; hereinafter the same shall apply), the results of an appraisal commission to the president of the Korea Medical Dispute Mediation and Arbitration Agency, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In order to be held liable for tort due to breach of duty of care or non-performance in medical practice as to whether negligence was in medical practice, there is a causal relationship between the violation of duty of care in the medical practice, the occurrence of damages and the breach of duty of care, and the occurrence of damages. However, medical practice requires highly specialized knowledge.

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