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(영문) 울산지방법원 2017.12.19 2015가단64796
치료비
Text

1. The Defendant-Counterclaim Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) amounting to KRW 7,759,60, and Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) B and Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).

Reasons

1. Basic facts

(a) A shall be from January 15, 2015 to the same year;

4. Until September 1, 200, the Plaintiff hospital was hospitalized due to the left-hand pelvis-up of the hospital.

B. A’s claim for medical expenses for A at the time of being hospitalized in the Plaintiff Hospital is KRW 7,759,600, as the medical expenses incurred during the period of treatment.

Defendant D as a spouse of A, jointly and severally guaranteed the payment obligation of the above medical expenses.

C. On July 15, 2017, A died on July 15, 2017, and the Defendants, the deceased’s spouse and children, succeeded to the lawsuit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and the purport prior to pleadings

2. According to the facts found in the judgment on the claim of this case, Defendant D is jointly and severally liable to pay to the Plaintiff 2,217,029 won (i.e., KRW 7,759,600 x statutory share of inheritance x less than KRW 2/7,00) of the above treatment expenses and each of the above amounts to the Plaintiff, jointly and severally with Defendant D, with each of the above treatment expenses (i.e., KRW 7,759,60 x less than KRW 2/7 of the statutory share of inheritance x less than KRW 2/7, and less than KRW 15%) from November 14, 2015 to the day of full payment.

3. Judgment on the counterclaim

A. The summary of the Defendants’ assertion is that the medical personnel of the Plaintiff hospital, while performing the flag operation of the mission, the shoulderer of Defendant A (hereinafter “the first operation”) on January 23, 2015, and the flag operation on January 24, 2015 (hereinafter “the second operation”), and at least two general anesthesias at the time of the said operation, neglecting his/her duty of care, thereby causing A to a state where the medical personnel of the Plaintiff hospital, by negligence affecting A’s cerebral system, caused A to a state where he/she should injects a telegraph, food, clothing, island, dialogue impossible, and meals into a tubes, and thus, the Plaintiff is liable to compensate for damages therefrom.

(2) The recognition (1) on October 18, 201, A has received two astronomical tymmetrics and serumal tymmetrics from E Hospital on 18 October 201.

(2) On December 29, 2014, A shall have a sense of smoking at E Hospital on the part of December 29, 2014, and other dementia.

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