2013Na2406 Damages

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Cheongju District Court, Young-dong Branch of Cheongcheon-gun District Court, May 13, 2013

381 Judgment

November 8, 2013

December 3, 2013

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiffs 3,50,000 won with 5% interest per annum from February 22, 2013 to the delivery date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

The following facts are not disputed between the parties, or may be acknowledged in combination with the whole purport of the pleadings at each video of Gap evidence 1 and 2:

A. On January 14, 2013, the Defendant, a veterinarian operating a veterinary hospital, performed a scopic operation for the 1stma of the Plaintiff ○○○○, and the 6thma of the Plaintiff ○○○, ○○, on the part of the Plaintiff ○○, (hereinafter “instant operation”).

B. On January 30, 2013, the Plaintiff ○○○○○○, who received the instant surgery, and the Plaintiff ○○○○○○○○○○, and one mari in the 6th Mari of the Plaintiff ○○○○○○○. (hereinafter “each mari of the instant case”).

2. The assertion and judgment

A. The parties' assertion

(1) Summary of the plaintiffs' assertion

After undergoing the instant surgery from the Defendant sent to each of the instant cases, the parts, such as the instant trees, fruits, etc., are light, fluences, and fluencies, and cannot be fluenced, etc., have been discarded at the end that has deteriorated.

Each of the instant services rendered by the Defendant, as above, was caused by the Defendant’s infection of each of the instant services in the process of performing the instant surgery on the wind that the instant surgery did not properly take measures such as disinfection and antibiotical administration to prevent infections through the department of the surgery. As such, the Defendant, at the request of the Plaintiffs after the instant surgery, did not properly take measures necessary for the treatment while treating each of the instant services at the request of the Plaintiffs, while failing to take measures necessary for the treatment.

Therefore, each of the instant cases was caused by the Defendant’s negligence as above, and the Plaintiffs suffered damages equivalent to KRW 3,50,000,000, which is the value of each of the instant messages. Therefore, the Defendant is obligated to compensate the Plaintiffs for the respective damages.

(2) The defendant's argument

As the Defendant performed the instant surgery, the Defendant did all necessary treatments, such as disinfection and antibiotic medication, to prevent infection through the surgery, no fault exists in relation to the instant surgery. Moreover, the Defendant did not have conducted a conclusive diagnosis while diagnosing each of the instant services after the instant surgery, and provided a answer to the Plaintiff 1math of the relevant plant after the instant surgery, on the other hand, to ask questions as to how the cause of the symptoms shown in the Plaintiff 1ma of the relevant plant after the instant surgery is similar to any of the branch offices, and the Defendant cannot be accurately aware of the specific cause of the closure of each of the instant plant.

B. Determination

(1) The following facts are not disputed between the parties, or can be acknowledged by taking into account the whole purport of the arguments as to the remaining sites of the Cheongbuk-do Office of the Court of First Instance, and the whole purport of the arguments.

(A) After the instant surgery on January 25, 2013, Plaintiff ○○○○ found the Defendant’s veterinary hospital on January 25, 2013, and it appears that the Defendant appeared to have been unable to drink as long as she was unable to drink one’s own fright after undergoing the instant surgery. Accordingly, the Defendant prescribed medicines, such as antibiotics (PPS injection drugs) and chloospirosiss.

(나 ) 원고 ○○○는 2013. 1. 27. 위 송아지에 대한 진료를 요청하기 위하여 피 고에게 전화를 하였으나, 그날은 피고가 휴진을 하는 일요일이라서 피고와 연락이 닿 지 않자, '◆◆ 가축병원'을 운영하는 수의사에게 연락을 하여 위 송아지에 대한 진료 를 받았고, 다음날에도 위 수의사로부터 계속 진료를 받았다.

(C) On January 28, 2013, the Plaintiff ○○○○○○ requested the Defendant to provide medical treatment with respect to the 1stma which appears to have increased the number of 6 percent or more of his children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children,

(라) 원고 ●●● 이 2013. 1. 29. 피고에게 위 송아지가 나타내는 증상이 구제역 일 가능성이 있는지 여부 및 축산위생연구소에 신고를 해야 하는지 여부에 관하여 물 은 다음, 원고들이 같은 날 충청북도 축산위생연구소 남부지소(이하 '이 사건 연구소' 라 한다 ) 에 신고를 하였는데, 이 사건 연구소에서 같은 날 이 사건 각 송아지로부터 혈액 을 채취하여 검사한 결과 구제역 및 소 바이러스성 설사증(BVD)은 모두 음성 반응이 나온 반면, 소 전염성 비기관염(IBR )은 원고 ○○○의 송아지에서 양성 반응이 나왔다 . 그리고 이 사건 연구소에서 이 사건 각 송아지의 혈액을 채취할 당시 이 사건 각 송아 지는 기립 불능, 횡와(橫臥), 식욕 저하, 수척, 전신 강직 등의 증상을 나타내었다.

(E) E) The parapins are infectious diseases that cause spaculous spaculous flusculous flusculous flusculities associated with flusculous flusculties and flusculine flusculs, which are produced in the flusculous flusculing process. It is known to be various kinds of flusculous flusculities within the scope of 10% to 90% by external treatment, such as an unsanitary surgery, where flusculous flusculous flusculs are likely to occur, but most 3 to 14 days by diving, such as flusculous flusculs, which are first appearing in the flusculous fluscul, which are associated with flusculing flus, etc.

(2) However, in light of the following facts on the other hand, the above facts or evidence No. 4 (including the provisional number) alone are insufficient to confirm or recognize that the Defendant failed to properly take necessary measures, such as disinfection and antibiotical administration, to prevent infections of hospital germs through the operation department, in the course of performing the instant surgery with respect to each of the instant children, or conducted diagnosis of the instant children after the instant surgery while treating each of the instant children after the instant surgery, while failing to properly perform the necessary measures for the treatment, and there is no evidence to acknowledge that each of the instant children sent back to the closed death due to the Defendant’s negligence, and there is no other evidence to support this otherwise. Accordingly, the Plaintiffs’ assertion is without merit.

(A) On January 29, 2013, the Defendant was asked to question whether there is a possibility of relief and whether to report to the research institute of this case, as long as 1 mar 6 mar YUUGE had been performed by the Plaintiff on January 29, 2013. In order to identify the correct cause, the Defendant respondeded to request the research institute to conduct an appraisal of disease in the number of medical colleges of the Chungcheong University rather than filing a report to the research institute of this case.

(B) As long as the Defendant appeared in each of the instant areas to the Plaintiffs or the Plaintiff ○○○○○○○○○○○○○○○○○○○○○○, there was no evidence to deem that the Defendant conducted a conclusive diagnosis that each of the instant areas was infected with the wave beyond a mere opinion to the extent that the cause of the increase is likely to be a stimulated.

(C) Comprehensively taking account of the partial descriptions of evidence No. 7 and the entire purport of the argument in the first instance court’s investigation as to the head of the research institute of this case, the research institute of this case revealed that: (a) as a result of collecting and inspecting blood from each of the instant messages, it is difficult to readily conclude that the Plaintiff ○○○’s response to fostering contagious non-institutional infection was caused by the death of the death of the death of the death of the death of the Plaintiff; (b) the research institute of this case expressed that the specific cause of the death of the death of each of the instant messages of this case cannot be known.

(D) In full view of the purport of the oral argument as to the statement No. 6, it is recognized that the communicable non-institutional infection refers to the non-institutional infection caused by infection of the virus with the upper respiratoryosis of the cattle, and that the pulmonary death rate is more than 3%.

3. Conclusion

If so, the plaintiffs' claims in this case are without merit, and they are dismissed. However, the judgment of the court of first instance is just with this conclusion, and the plaintiffs' appeal is dismissed for all reasons.

Dog-Appellee (Presiding Judge)

Standresponding

V. V. M.D.