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(영문) 창원지방법원마산지원 2015.11.25 2015가단102692 (1)
손해배상(기)
Text

1. The Defendant: (a) from April 6, 2015 to Plaintiff A with respect to KRW 31,698,645 and each of the said money.

Reasons

1. Basic facts

A. E, around 14:00 on April 5, 2015, around 14:00, received a bed treatment from the Defendant, who is a double-furning business entity, at “G” located in one parcel of land outside the F of Changwon-si, Changwon-si.

B. After undergoing a punishment procedure, E filed an appeal for the symptoms of her body, but the Defendant did not take necessary measures, such as eating drugs to E and sending them to a hospital, etc. Ultimately, E died on April 6, 2015 while he/she was sent to a hospital while he/she was disqualified from consciousness and was receiving treatment.

(hereinafter referred to as “instant accident”). C.

Although it is known that the therapy is helpful for pain and chlostosis treatment, it may cause side effects, such as respiratory difficulty, telegraph, etc.

Plaintiff

A is the husband of E, and the plaintiff B and C are the children of E, and the inheritance share following the death of E is 3/7 of the plaintiff A, the plaintiff B and C respectively.

[Ground of recognition] Facts without dispute, Gap 2, 4, 8, 12, 13, and 14, the purport of the whole pleadings

2. The medical practice that caused damage compensation includes not only prevention and treatment of diseases, but also acts that may cause harm to human life, body, or public health if performed by a medical person with medical expertise (Supreme Court Decision 2005Do8317 Decided June 28, 2007). In the above basic facts, the Defendant’s intrusion treatment constitutes a medical practice.

In addition, according to the above basic facts, although the defendant is not a medical person, he/she not only performed a punishment as a medical person, but also did not take appropriate measures to prevent side effects such as respiratory difficulties and telegraph paralysis that may arise from the punishment, and it is recognized that he/she was negligent in failing to take necessary measures, such as transfer to hospital immediately after the outbreak of symptoms, even after the outbreak of symptoms.

Therefore, since the defendant caused the death of E by negligence, he is liable to compensate for the damages suffered by E and the plaintiffs.

(b).

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