logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.19 2016가단5217485
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a herb doctor operating “Chanwon” (hereinafter “Chanwon”), and the Plaintiff received diagnosis from around 207 to around 207, “Type 2 urine therapy at the Yang Hospital, including the Korea University Medical Center,” and received treatment, such as taking medicine prescribed by the Defendant, from May 2, 2014 to April 2016.

B. On April 13, 2016, the Plaintiff: (a) at the Plaintiff’s meeting of the instant Council members, prescribed one exchange call from the Defendant; and (b) returned to the house; and (c) returned to the house; and (d) lost awareness at a night; (b) was sent to the relevant Amam Hospital; and (c) was hospitalized until the 19th day of the same month.

C. The cause of the Plaintiff’s loss of consciousness was due to the lack of insulgynosis that led to the “highly high-tension high-tension pulvera” accompanied by a new sulgynosis, and during the period of hospital treatment, the disease was improved through the therapy and the insulgin therapy.

The Plaintiff’s herb price paid by the Plaintiff according to the Defendant’s prescription during the period of the Plaintiff’s visit to the instant Institute is KRW 10,790,800, and the Plaintiff’s medical expenses incurred as a result of hospitalized treatment in the instant hospital are KRW 1,483,295.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 5-1, 2, Gap evidence 3-1 to 6, 4-1 to 3, Eul evidence 1-2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) revealed that the Defendant, even though well aware of the fact that he could not treat urines with oriental medicine, publicizeds that he could treat urines with oriental medicines, while making false statements to the Plaintiff, who was within the instant oriental medical clinic, for the purpose of treating urines, and prescribed and sold the above oriental medicines to the Plaintiff.

(2) In the process of taking medicine as prescribed by the Defendant, the Defendant instructed the Plaintiff to discontinue insulin, while not taking insulin, as a doctor.

arrow