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1. The Defendant’s KRW 1,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 17, 2013 to December 9, 2015.
Reasons
1. Basic facts
A. On July 17, 2013, at Daegu University Hospital (hereinafter “Defendant Hospital”) operated by the Defendant, the Plaintiff undergone an operation to remove the burgical and modified burgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urb
B. The Plaintiff’s correction trial force before the surgery was 0.2 in the unit of vision, and the correction trial force after the surgery was 0.02 in the state of unrepared until now.
【Ground of recognition】 Fact-finding without dispute, Gap 2-4 evidence, results of physical examination commissioned to the head of Yong-Namnam University Hospital in this court, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The Plaintiff asserted that the Defendant’s medical team’s ability to conduct the surgery was lower than that prior to the surgery, and that there was no explanation from the Defendant hospital’s medical team prior to the instant surgery to the effect that the eyesight might be worse than that prior to the surgery, and that there was no explanation from the Defendant hospital’s medical team prior to the instant surgery, the Plaintiff did not conduct the instant surgery. Therefore, the Defendant is obliged to pay KRW 23,00,000 as consolation money for the Plaintiff’s physical and mental damage due to the Plaintiff’s negligence and breach of duty to explain.
B. Determination 1: (a) in a claim for damages arising from a breach of duty of care for the existence of medical negligence on the part of the injured party, the act of medical negligence based on the common sense of the deceased in the course of a series of medical practice can not be established; and (b) in the event that the injured party proves that there was no health defect that could have caused such a result prior to the medical practice, the causal link between the medical negligence and the result may be presumed to be liable for damages.