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(영문) 창원지방법원 2017.08.18 2016가단4078
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 2, 2015, the Plaintiff was treated by the Defendant, who is a doctor outside the prison, by applying the C Hospital to the “C Hospital” on March 25, 2015, when the Plaintiff was discharged from one’s own car and the sliffed, and the sliffic is serious.

The defendant diagnosed the plaintiff as "satise satise satise satise satise satise satise satise satise satch satum

B. On April 1, 2015, the Defendant carried out the Plaintiff’s “culpary care, restoration of revolving the revolving the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the instant task

The Plaintiff received rehabilitation physical treatment at the above hospital, and was discharged from the hospital on April 30, 2015.

C. On May 22, 2015, the Plaintiff was diagnosed as “revolving the revolving revolving the revolving the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the revolving of the said hospital.”

On December 7, 2015, the Plaintiff was diagnosed as “the re-sponsing re-sponsing re-sponsing, the shoulder sponsing spatitis” at the Yangsan National University Hospital.

[Ground of recognition] Facts without dispute, Gap 1 to 15 evidence, Eul 1 and 2 evidence (including partial number), the purport of the whole pleadings

2. Assertion and determination

A. The Defendant asserted that the Plaintiff had used at least 3-4 human typology while performing the instant surgery, and used only one human typology while preventing the risk of re-ruptures by using at least 3-4 human typologys. As a result, the Defendant’s alpium operated by the Defendant re-sponsed the Plaintiff’s right shoulder, which led to a fall in the scope of the Plaintiff’s checkpology movement (at least 60 degrees, external re-ruptures, 30 degrees, internal re-ruptures, 30 degrees, and 15 degrees, respectively).

Therefore, the defendant is liable to the plaintiff for damages due to illegal acts under Article 750 of the Civil Act.

(b) When a doctor renders medical treatments, such as diagnosis, treatment, etc., patients shall be in consideration of the nature of the duties to manage human life and body.

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