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(영문) 대구지방법원 2017.10.27 2017가단8804
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 8, 2014, the Plaintiff was detained by consultation on larceny, etc., and was detained in the Daegu Detention House around November 18, 2014, and was released from the correctional institution on a fixed and irregular basis.

After that, the Plaintiff was detained by consultation on fraud, etc. and was admitted to the Daegu detention center on January 27, 2016, and was transferred to the Daegu detention center on November 7, 2016, and was released on May 18, 2017.

The Plaintiff was detained on the charge of larceny and was confined in the Daegu detention center from June 2, 2017 to the date of the closing of the argument in this case.

[Reasons for Recognition] Facts without dispute between the parties, entry of Eul Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion and determination that the Plaintiff was able to lead a social life on October 31, 2014, and that the Plaintiff was admitted to the Daegu detention center on November 18, 2014. On January 5, 2015, the competent physician recommended the surgery at the time of the external medical examination, and thereafter, the Plaintiff complained of several pains, but the Defendant is liable to pay consolation money to the Plaintiff, as it neglected the duty to provide medical treatment and protection to the Plaintiff.

However, the written evidence Nos. 1 and 2 alone is insufficient to recognize that the defendant violated the duty of medical treatment and protection against the plaintiff, and there is no other evidence to acknowledge it, and the plaintiff's assertion is not acceptable.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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