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(영문) 서울중앙지방법원 2016.02.17 2014가단101925
손해배상(의)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted as the cause of the Plaintiff’s claim was conducted on August 5, 201 by the Defendant’s “Csung surgery” (hereinafter “Defendant Hospital”) in order to correct gymosiss under the crypt Act, and the crymosis surgery, etc. (hereinafter “instant surgery”). The Defendant’s error in performing surgery, such as excessively leaving the crym autopsy or the fymosis, and caused the crymosis, etc., and led to bad consequences, rather than having obtained the effect of improvement in the cosmetic, which was intended by the Defendant, by failing to obtain the effect of improvement in the gymmetric surgery.

The result of this bad result is that the defendant hospital and another hospital have not been frighted despite the surgery. Accordingly, the plaintiff is suffering from post-treatment, such as the current internal sewage, exposure preventoculation, mathrosis, gym pressure melting of the right snow pressure, left eye melting symptoms, detailed uncertainty, and emerculation of the upper part of the emerculation of the emerculation, and emerculation of the emerculation.

Therefore, the defendant is liable for compensating the plaintiff's damage (the king treatment cost of KRW 4,110,870, the future treatment cost of KRW 9,330,170, the consolation money of KRW 10,000,00) due to the negligence in the instant procedure and the violation of the duty to explain.

2. Whether the lawsuit of this case is lawful

A. Comprehensively taking account of the written evidence No. 1 and the overall purport of the pleadings, the Plaintiff received KRW 10,000,000 as medical expenses and consolation money from the Defendant on February 6, 2012, and it is recognized that the Plaintiff agreed to waive all rights in civil, criminal, and administrative matters pertaining to the treatment of the instant treatment and the side effects after the surgery.

According to this, it is reasonable to view that the Plaintiff agreed to waive its rights and not to institute a civil lawsuit, etc. through the agreement on February 6, 2012 between the Defendant and the Defendant on the compensation for damages arising from the instant procedure.

B. As to the Plaintiff’s assertion, the Plaintiff’s agreement on February 6, 2012 was premised only on re-operation to correct the outcome of the surgery by the Defendant.

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