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(영문) 서울동부지방법원 2017.08.10 2014가합111335
채무부존재확인
Text

1. From March 15, 2014 to August 1, 2014, the Plaintiff’s damage compensation against the Defendant due to the diagnosis and treatment conducted by C Hospital.

Reasons

Basic Facts

피고는 2014. 3. 13. 무거운 물건에 우측 제5수지(새끼손가락)를 찧어 같은 달 15일 원고가 운영하는 C병원(이하 ‘원고 병원’이라고 한다)에 내원하여 ‘우측 제5수지 골성 추지’(이하 ‘이 사건 상해’라고 한다)로 진단받고서 그날 우측 제5수지에 부목을 적용받은 뒤 같은 달 17일 원고 병원에 입원하여 이 사건 상해에 대하여 ‘도수정복 및 신전제한 K강선 고정술’(이하 ‘이 사건 수술’이라고 한다)을 받고서 같은 달 19일 퇴원하였다.

Since then, the medical professionals in the Plaintiff Hospital had the Defendant regularly perform the transitional observation against the Defendant, and conducted a procedure to remove the KS line from the KS on May 2, 2014.

However, on May 16, 2014, the medical personnel of the Plaintiff Hospital confirmed that approximately 10-20 of the 10-20 degrees of new technology from the part of the Defendant’s upper right side (hereinafter “the part of the instant case”) was located in the part of the instant operation, and continued to observe the said part of the instant operation after applying the new technology again on the part of the said operation, but the said restriction on new technology did not protect the said new technology, and requested the Defendant to provide medical treatment, such as an operation, with the Defendant, at the Geodong Hospital Hospital on August 1, 2014 (hereinafter “Geodong-dong Hospital”).

(A) From March 15, 2014 to August 1, 2014, the Plaintiff hospital’s medical personnel’s series of medical treatments, including the instant surgery, progress observation, and the application of side trees, with respect to the Defendant (hereinafter “instant medical treatment”). The Kangdong Hospital, on August 14, 2014, performed the instant medical treatment with respect to the Defendant, including the instant surgery, progress observation, and the application of side trees. As a result, on August 14, 2014, the instant father was in a state where the instant father did not engage in a efficial movement at the current 0 degrees.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, and 5, and Eul evidence Nos. 3, and this Court entrusted the examination of medical records to the hospital of Gangseo-dong National University.

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