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(영문) 창원지방법원 2014.07.11 2010가단50413
손해배상(의)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2010, the Plaintiff, who had undergone a baging surgery prior to approximately 30 years, was a DNA hospital operated by the Defendant Educational Foundation B (hereinafter “Defendant Hospital”), and the artificial insemination in the right side of the Plaintiff was abandoned into the free body mouth at the time of birth, but was in a state of no baging.

B. On June 1, 2010, the Plaintiff received from the Defendant C, a doctor affiliated with the Defendant Hospital, an artificial insemination dypology and an abandoned artificial insemination dypology (hereinafter “instant treatment”).

C. However, on June 2, 2010, the following day, the Plaintiff’s blood transfusion was observed at the nautical miles and free nautical miles around the view of the network, and on June 3, 2010, the Plaintiff discharged from the Defendant Hospital on June 3, 2010, and undergone the relevant medical care and operation, such as the promotion of public gathering, etc. at the Indones University Busan Hospital. From June 29, 2010, the Plaintiff received the relevant medical care from the Seoul National University Hospital.

At present, the plaintiff is under low possibility of recovery of eyesight due to the studio bomb, etc. in his right eye.

[Reasons for Recognition] The facts without dispute; Gap evidence 1-3; Eul evidence 1-3; Eul evidence 1-3; the result of the court's entrustment of medical records to the chief of the Korean Medical Association; the result of this court's entrustment of physical examinations to the chief of the Busan National University Hospital; the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) Defendant C was liable to compensate the Plaintiff for damages, such as lost income, medical expenses, consolation money, etc. caused by the Plaintiff’s delay in time due to the Plaintiff’s failure to trust the Defendant C, by damaging the Plaintiff’s room by negligence at the time of the instant surgery, and by taking emergency measures thereafter, re-afusing the date of the surgery twice, which could have prevented the Plaintiff from suffering from the real name crisis. Thus, Defendant C is liable to compensate the Plaintiff for damages, such as lost income, medical expenses, and consolation money.

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