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(영문) 대전지방법원 2018.05.31 2016가단22490
치료비반환 및 손해배상 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 29, 2009, the gist of the Plaintiff’s assertion entered into a contract with C Hospital affiliated with the Defendant and paid in lump sum KRW 35,021,710, which is the full amount of the medical expenses, for six years and six months from that time, but it became impossible to achieve the purpose of the contract because it was impossible for the Plaintiff to complete the clinical treatment.

In addition, due to the negligence of the doctor, the plaintiff caused the problem to the right level, and the doctor provided treatment that does not meet the treatment plan, and the doctor unfairly found the plaintiff's left-hand upper part of the medical treatment, and issued one of the right-hand flusia to the right.

In addition, it may occur due to the declimatic disorder caused by the treatment at the time of the contract.

Inasmuch as a doctor breached his/her duty to explain because he/she did not explain the fact that he/she made four gold bars on the left-hand side and changed the treatment method by making three gold sludge on the left-hand side, and he/she did not explain it, and the medical record was omitted, entered, or changed in order to conceal the negligence of doctors, the Defendant, the employer of the doctor, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the above doctor’s default and tort.

2. In the course of performing medical acts such as diagnosis and treatment, a physician has the duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of the duties of managing the patient’s life, body, and health, and such duty of care is based on the level of medical acts performed in the clinical field, such as medical institutions, etc. at the time of performing the said medical act. The level of medical care refers to the so-called medical awareness generally known to, and known to, an ordinary doctor at the time of performing the medical act. Therefore

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