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(영문) 서울중앙지방법원 2017.09.21 2015가단5121570
구상금
Text

1. The Defendants jointly share KRW 27,986,858 with respect to the Plaintiff, and the period from September 28, 2013 to September 21, 2017.

Reasons

1. Basic facts

A. On April 25, 2012, Nonparty C (hereinafter referred to as “victim”) suffered from the injury of “an accident that falls from a sloping on the bridge (hereinafter “instant accident”) and was hospitalized in the D Hospital operated by Defendant B on April 28, 2012, and received medical treatment until October 31, 2012, after receiving the Defendant A’s “a scarcity that is a scarcity on the left side”.

B. On December 18, 2012, immediately after the above surgery, it was confirmed that the fluoral damage caused by Defendant A’s house negligence was added to the part of the fluor’s surgery, and the fluor was provided medical treatment until January 24, 2013 after re-hospitalizeing the said hospital for re-operation (hereinafter “instant re-treatment”).

C. The Plaintiff recognized Defendant A’s above medical negligence as occupational accident (hereinafter “the instant accident”) and paid 54,213,50 won (i.e., temporary disability compensation benefits of KRW 17,257,430 + disability benefit of KRW 22,769,950 + Medical care benefits of KRW 14,186,170 + KRW 7,114,400 (daily income of KRW 1,718,735), and medical care benefits of the victim are KRW 4,97,390,390.

(Disability Benefits shall be the same).

On the other hand, the above D Hospital (representative: Defendant B) entered into a liability insurance contract with Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant insurance company”) with the content that if its affiliated doctors, etc. are liable for damages due to medical malpractice, etc., the victim agrees on August 28, 2013 with Defendant A, and that “the accident of this case constitutes only the consolation money due to the breach of the duty of explanation, not the medical malpractice,” and that “the accident of this case constitutes only the consolation money due to the breach of the duty of explanation, not the medical malpractice.” At the same time, the victim received consolation money of KRW 10,470,000 as compensation for damages and received all civil

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