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(영문) 부산지방법원 2017.01.20 2015나15969
손해배상등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the money ordered to be paid below.

Reasons

1. Facts of recognition;

A. On July 27, 2008, the selector was involved in a traffic accident, resulting in mathy and mathy damage to brain function, thereby making it impossible to express his/her intent.

B. On October 4, 2013, the designated person was hospitalized in Busan Metropolitan City Medical Center and received treatment. On the other hand, the designated person was transferred to the Dental Care Hospital (hereinafter “C”) operated by C Medical Consumer Cooperatives (hereinafter “C”) and was hospitalized in the instant hospital for five years.

C. On November 15, 2013, the Plaintiff, the Selection, discovered that he had a hole in his arms, and informed the hospital of this case. Around that time, the Selection was found to have suffered an injury on the aggregate of the 8th left-hand majority of the 8th class executives (hereinafter “the instant injury”).

On January 1, 2014, the Defendant acquired the instant hospital from C and operated the instant hospital by changing its trade name into “E convalescent hospital”.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 to Gap evidence 4 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Claimant suffered the instant injury while receiving hospitalized treatment at the instant hospital, and the Defendant took over the Defendant’s existing debt from C while taking over the instant hospital from C, and thus, the Defendant is liable to compensate the Plaintiff and the Selection for the damages incurred by the instant injury.

B. The Defendant’s assertion that the instant injury occurred at the instant hospital operated by C, and the Defendant was not negligent in relation to the instant injury, and the Plaintiff’s claim is without merit.

3. Determination

A. According to the facts and the purport of the entire pleadings, the defendant's attorney has sought to continue to submit data related to the takeover of the hospital of this case at the second day for pleading of the party trial, but thereafter, at the third or sixth day for pleading, he/she continued to submit such data.

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