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(영문) 창원지방법원 2018.09.20 2018나50649
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 2, 2015, the Plaintiff was treated by the Defendant, who is a doctor outside the prison, by applying the C Hospital to the “C Hospital” on March 25, 2015, when the Plaintiff was discharged from one’s own car and the sliffed, and the sliffic is serious.

The defendant diagnosed the plaintiff as "satise satise satise satise satise satise satise satise satise sate satum

B. On April 1, 2015, the Defendant carried out the Plaintiff’s “culpary care, restoration of revolving the revolving the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the instant task

The Plaintiff received rehabilitation physical treatment at the above hospital, and was discharged from the hospital on April 30, 2015.

C. On May 22, 2015, the Plaintiff was diagnosed as “revolving the revolving revolving the revolving the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the said hospital.”

On December 7, 2015, the Plaintiff was diagnosed as “the re-sponsing re-sponsing re-sponsing, the shoulder sponsing spatitis” at the Yangsan National University Hospital.

E. Since then, the Plaintiff filed a lawsuit against the Defendant as Changwon District Court Decision 2016Kadan4078, asserting that the Defendant neglected his/her duty to take necessary and appropriate measures for the instant surgery and treatment, and sought reimbursement of the Plaintiff’s future medical expenses and consolation money. However, the judgment against the Plaintiff was rendered on August 18, 2017, and the said judgment became final and conclusive around that time.

(hereinafter the above lawsuit is referred to as "the previous suit of this case" and the above final judgment is referred to as "the final judgment of the previous suit of this case"). 【No dispute exists, Gap's evidence 1 through 17, Eul's evidence 1 through 6 (including each number), and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant asserted that the Plaintiff entered into a medical contract with the Plaintiff, and thus, neglected to take appropriate measures at the time of medical treatment and surgery, despite having fulfilled the duty of due care as a good manager.

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