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(영문) 서울서부지방법원 2014.03.26 2011가단62048
진료비
Text

1. The Plaintiff:

A. Defendant D and E shall jointly and severally engage in 4,751,350 won and 4,220,297 won among them; from March 20, 2008;

Reasons

1. Facts of recognition;

A. On February 16, 2008, F entered into a medical contract with the Plaintiff (hereinafter “instant medical contract”) and received medical treatment from the Plaintiff (hereinafter “Plaintiff’s hospital”) at the Plaintiff’s hospital, which was conducted by the Plaintiff.

At the time of the instant medical contract, Defendant D and E agreed to pay the Plaintiff medical expenses under the instant medical contract jointly and severally with F.

B. On February 18, 2008, in order to confirm the occurrence of an lung cancer, F had a serious stop due to an excessive explosion, etc. during the Plaintiff’s hospital under the Plaintiff’s vegetable tissue training using the vegetable border.

Therefore, the medical personnel of the Plaintiff hospital has implemented the heart and the heart area to restore the heart function and attached the artificial absorption device, but the F has been placed in the continuous plant life condition due to low oxygen brain damage.

C. On June 2, 2008, F filed a lawsuit against the Plaintiff (Seoul Western District Court 2008Gahap6977) to remove an artificial smoking machine.

On November 28, 2008, the above court sentenced the plaintiff on the ground that "F is unlikely to recover consciousness and be a living condition without an visible aid such as artificial smoking apparatus," "the treatment of the installation of the artificial smoking apparatus currently in force with F is medically unreasonable, because it does not affect the recovery and improvement of F's condition, and it is presumed that F is presumed that it had expressed its intention to remove artificial smoking apparatus and to face natural death, rather than maintaining the current state, and that the F is presumed to have expressed its intention to remove the artificial smoking apparatus and to face natural death."

(However, there was no provisional execution declaration). The judgment suspending life-sustaining treatment was served on the Plaintiff on December 4, 2008, and thereafter the Plaintiff’s appeal (Seoul High Court 2008Na116869) and the appeal (Supreme Court 2009Da17417) were all dismissed, and it became final and conclusive on May 21, 2009.

According to the instant medical contract.

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