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(영문) 서울남부지방법원 2015.12.10 2013가단23383
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On January 31, 2012, the Plaintiff was diagnosed as the injection in the stopum in the Kiman Hospital operated by the Defendant, and received the baging surgery and the insertingment of artificial insemination (hereinafter “the instant surgery”). On February 16, 2012, the Plaintiff received the baging surgery and the baging surgery of artificial insemination.

B. On March 27, 2012, the Plaintiff was diagnosed as “the soft blood and so on” and thereby lost the vision.

[Ground for recognition] Unsatisfy

2. Judgment on the plaintiff's assertion

A. 1) The Plaintiff’s assertion is highly likely to cause a complication, such as flaging of free body or blaging, etc., after the surgery in a state where urine had been conducted. Nevertheless, the possibility that the Defendant hospital affiliated with the hospital caused flaging of free body and urging of urgical health with excessive pressure while performing the surgery cannot be ruled out. ② Not examining whether the instant surgery had been conducted before and after the surgery, but neglecting the duty of care to prevent complication by failing to perform the examination necessary for the progress, such as urgical condition after the surgery, urgical test, and urgical pressure test, and thus neglecting the Plaintiff’s duty of care to prevent complication (violation of prior avoidance obligation). ③ On March 23, 2012, the Plaintiff did not immediately perform a close inspection, such as laging the Plaintiff’s duty of care for damages, and the Defendant did not perform the Plaintiff’s duty of care to prevent the Plaintiff’s loss of urgical health care.

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