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(영문) 부산지방법원 2016.08.09 2016가단308667
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2015, the Plaintiff, on November 3, 2015, performed a pregnancy termination surgery (hereinafter “instant surgery”) from the Defendant operating a “Dsan Women’s Medical Center” in the Southern-gu Busan, Busan (hereinafter “Dsan Medical Center”).

(2) At the time of the instant operation, the Plaintiff’s left-hand side of the Plaintiff, was administered as an 80mmg of her new shares of antibiotics.

B. (1) On January 6, 2016, the Plaintiff was diagnosed as the left-hand part of the 3th floor of the building in Busan E-gu, Busan, on the following grounds: (a) as a result of a diagnosis, the Plaintiff was found in the left-hand part of the 3th floor of the building; and (b) accordingly, on January 7, 2016, the Plaintiff was diagnosed as the Maternal Life Hospital in the 262, Seo-gu, Seo-gu, Busan, Seo-gu, 2016 (Seoul-dong); and (c) on January 13, 2016, the Plaintiff was diagnosed as the Maternal Life (hereinafter “the instant disease”); and (d) was discharged from the Maternal Madro in the e-style cells of the e-style area.

[Ground of recognition] Facts without dispute, Gap 1 through 11, the purport of the whole pleadings

2. The assertion and judgment

A. Prior to the Plaintiff’s assertion, there was no problem about the Plaintiff’s health before the instant surgery, but after the instant surgery, there was a pain on the left-hand side of the Plaintiff, where the Plaintiff was administered with an antibiotics by injection, and the pains continued to worsen, thereby receiving the diagnosis of the instant disease.

In light of the above, at the time of the instant surgery, the Plaintiff was infected with spawn that administered the antibiotic medication to the Plaintiff, and it is reasonable to view that the Defendant caused the instant disease to the Plaintiff by negligence, even though it was necessary to administer spawn with the spawn who did not have been infected with spawn at the time of the surgery.

Therefore, the defendant is liable to pay the plaintiff the amount stated in the claim as damages claim.

B. Therefore, we examine the judgment above.

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