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(영문) 대구지방법원 2019.08.22 2019나302020
손해배상(의)
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. On November 6, 2016, the Plaintiff’s summary of the Plaintiff’s assertion was placed in the emergency room of C Hospital operated by the Defendant (hereinafter “Defendant Hospital”). The Plaintiff suffered from injury to the Plaintiff’s scarcity joints by negligence in the process of confirming pain reaction by the physician in charge of the emergency room.

Therefore, the defendant is obligated to pay consolation money of KRW 20 million and delay damages to the plaintiff.

2. According to the evidence Nos. 1, 2, 3, and 5 of the judgment, it is recognized that the Plaintiff complained against the increase of food disorder on November 6, 2016, and applied to the emergency room of the Defendant hospital. At the time, D’s training, who is an emergency room of the Defendant hospital, was pressured on the Plaintiff’s chest fright, and confirmed the food and state. The medical doctor E of the Defendant hospital issued a medical certificate under the name of the Plaintiff under the chest fright to the Plaintiff on November 14, 2016.

However, Gap evidence Nos. 4, Eul evidence Nos. 1-2 through 5, and 2; the result of the first instance court's order to submit documents to the head of Daegu Regional Headquarters of the National Health Insurance Corporation; the results of the examination of medical records with respect to the F association; the following circumstances acknowledged by the F association as a result of the examination of medical records and the overall purport of pleadings; the chest aggregate is generated in cases where strong physical force such as traffic accidents; it is generally difficult to occur due to pressure for confirmation of food conditions in the course of treatment; the plaintiff recovered the consciousness after being treated in the emergency room of the defendant hospital on Nov. 6, 2016; and did not appeal the chest aggregate on the same day while releasing the consciousness; thereafter, the plaintiff appealed on Nov. 13, 2016; and visited the emergency room of the defendant hospital by visiting the emergency room on Nov. 13, 2016; and the result of the examination that the plaintiff was not found to have any more than a chest 16th of G.

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