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(영문) 대구지방법원안동지원 2020.01.22 2018가단21937
손해배상(의)
Text

1. The Defendants jointly share KRW 13,442,970 with respect to the Plaintiff and 5% per annum from June 25, 2019 to January 22, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) on July 14, 2017, the Plaintiff was admitted to the D Hospital located in the permanent residence of Defendant B’s operation, and (b) on July 18, 2017, the Plaintiff was confirmed to have pressured 2 times as a result of the examination; (c) on July 18, 2017, when the Plaintiff was hospitalized in a hospital, the Plaintiff received hivee-type inverte surgery from Defendant C on July 18, 2017; (d) on the part of Defendant C, the Plaintiff received hivee-type inverte-type (hereinafter “instant surgery”) on the 3th inverte-type, rather than

B. The judgment of Defendant C is liable for compensating the Plaintiff for the damages incurred by Defendant C, in collaboration with Defendant C in accordance with Article 756 of the Civil Act, since Defendant C performed a clive vertebal crymology for the 3rd verteculation, not for the additional 2 times, in violation of the occupational duty of care to be exercised in the course of an operation.

2. Scope of liability for damages

A. The Plaintiff asserted that the Plaintiff spent medical expenses of KRW 10,258,180 (i.e., Fvalescents of KRW 540,650 (E hospital KRW 6,561,630) in G convalescents of KRW 1,955,900 in G convalescent hospitals of KRW 1,200), and suffered positive damages of KRW 13,737,020 in total, including nursing expenses of KRW 3,078,840, and assistive devices of KRW 400,00.

In addition, the plaintiff suffered mental pain through the instant surgery, and the defendants should pay consolation money of KRW 30 million to the plaintiff.

B. (1) After the instant surgery, the Plaintiff was found to have performed a surgery on the 3th urine, not an additional brupt, as a result of the inspection on July 24, 2017, and was transferred to E Hospital on July 26, 2017.

(2) On July 26, 2017, the Plaintiff spent KRW 540,650,00 for medical expenses after receiving medical treatment at least ten times from that time to February 19, 2018. From July 26, 2017 to December 13, 2017, the Plaintiff hospitalized in the Fvalescent Hospital and spent KRW 6,561,630 for medical expenses. From December 13, 2017 to January 31, 2018, the Plaintiff spent KRW 6,561,630 for medical expenses.

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