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(영문) 부산지방법원 2019.08.23 2018나63143
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a dentist who operates dental services with the trade name of “E dental clinic” (the trade name before modification: Cental clinic) in Busan YD.

B. From November 22, 2005, the Plaintiff started to perform the Defendant’s dental care from around November 22, 2005, and completed the Plaintiff’s commuting treatment from the Defendant around December 2006 to the Plaintiff’s dental care 36.

Even before February 21, 2009, the Plaintiff provided dental services to the Defendant for the purpose of sporadic pain treatment, treatment of other sporadic pains, etc.

C. On December 36, 2014, the Plaintiff visited 'F dental’ with the pain of patha, and as a result, the Plaintiff was diagnosed with the size of 'H-ftile (hereinafter referred to as 'the file’), the H-ftile (H-H (the H-ftile), which is an organ for the dental treatment in the inner part of the dental group, as a result of X-ray shooting.’

On December 2, 2016, the Plaintiff: (a) was diagnosed by the Busan National University Dental Hospital as “Masung Patchitis”; and (b) removed the file that was cut on the part of the dental base through the cryp and the crypology surgery in 36 instances; and (c) was administered with respect to the isolation and the cryption surgery from G values to 36 instances from July 21, 2017 to January 6, 2018.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 9 through 12, Eul evidence No. 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. While performing the Plaintiff’s probationary treatment of 36 children, the Defendant left the file, which is a pathic treatment device, in a medical negligence, left the pathic part of the pathic part. Accordingly, the Plaintiff suffered constant pains from around 2007 to December 2016, and the Plaintiff was ultimately undergoing the pathic treatment and undergo the pathic treatment.

The defendant is the damage suffered by the plaintiff due to the above defendant's negligence in the treatment of the plaintiff, and during the life expectancy of 1,093,140 won and future treatment expenses.

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