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(영문) 서울중앙지방법원 2020.05.26 2017가단5046369
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 22, 2014, Plaintiff A complained of the fire extinguishing rain, etc., and applied to “Daehan” operated by the Defendant, and the Defendant diagnosed Plaintiff A’s disease as “compactless and autonomous neymosis (e.g., e., e., e., e., chronological disorder).”

B. The Defendant prescribed herb drugs (hereinafter “instant herb drugs”) to Plaintiff A three times in total, including March 22, 2014, April 10, 2014, and April 26, 2014.

C. While taking the instant herb drugs, Plaintiff A complained of pains and pains, etc. to the Defendant, and the Defendant eventually ordered the suspension of taking the instant herb drugs around May 17, 2014.

Plaintiff

B is the husband of the Plaintiff A.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1-1, No. 2-2, and the purport of the whole pleadings]

2. Determination

A. The plaintiffs' assertion that the plaintiff A had symptoms, such as a pain and pain for telegraph after taking the herb drugs of this case. This is a side effect caused by the herb drugs of this case (which seems to have been negligent in prescribing the herb drugs of this case, such as the selection of medicinal herbs), and the defendant did not take measures, such as the suspension of taking clothes, despite the plaintiff's appeal of side effects. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiffs.

B. (1) First of all, according to the purport of Gap evidence No. 8, Eul evidence No. 1-2 and Eul evidence No. 1-2, each of the statements and arguments as to whether the prescription of the instant herb was erroneous or not, the defendant is recognized to have prescribed the instant herb drugs for 15 days to the plaintiff as follows: "Ginseng, yellow, white, white, 200g of Simar 150g of Simar 150g of Simar 150g of Simar 150g of Simar 150g of Simar 150g of Simar, Gumar 100g of Gumar 100, Gumar 100, 1000, 100,000 g of Simar 1,000,000,000 per each of the 15 days."

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