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(영문) 수원지방법원평택지원 2016.01.29 2015가합8935
손해배상(의)
Text

1. The Defendants jointly do so with the Plaintiff KRW 32,476,027, and KRW 25,00,000 and each of the above amounts.

Reasons

1. Facts of recognition;

A. The plaintiffs are legally married couple, and the defendant C is the father and doctor who is operating the Embrician Institute (hereinafter “Defendant hospital”), and the defendant D is the father and doctor who belongs to the defendant hospital.

B. On May 10, 2012, Plaintiff A was diagnosed as having been pregnant with the third child at the Defendant Hospital, and thereafter, Plaintiff A was hospitalized at the Defendant Hospital on December 17, 2012 due to early childbirth, and was hospitalized at the Defendant Hospital and was under the king operation following the following day.

C. On December 18, 2012, Plaintiff A requested the nurse of the Defendant hospital to perform a fertility surgery in the process of submitting a written application for the surgery against the head of the Defendant hospital before receiving the king operation, and written the above written application for the surgery as “I wish to perform a fertility surgery,” and Plaintiff B signed the written application above.

However, Defendant C and D did not confirm the contents of the instant written application for the surgery against Plaintiff A and did not receive a report on the impergic surgery from the nurse, etc. of the Defendant Hospital, and did not perform the impergic surgery against Plaintiff A in the course of the impergic surgery, and did not explain such circumstance to the Plaintiffs.

E. On August 12, 2015, Plaintiff A, who was aware of an infertility surgery, was pregnant of the fourth son, and gave birth to the remainder of the king surgery at a single university hospital located in thecheon-gu (hereinafter “the principal of the case”).

F. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Marine Insurance Co., Ltd.”) entered into a contract with Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “instant insurance contract”) with intent and hospital liability insurance with the effect that Defendant Hyundai Marine Fire Insurance will compensate for the damages incurred as a result of the insured’s medical negligence by determining the amount of KRW 100 million per claim of the insured and the total amount of the hospital’s compensation amount to KRW 200 million.

[Ground for recognition] A.

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