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(영문) 서울중앙지방법원 2021.03.12 2017가단5220495
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a mutual aid agreement with a limited partnership D on C Truck.

B. On May 30, 2014, Nonparty E was driving the said truck at the front workplace of G in the Southernnam-gun F on May 14:10, 2014, and Nonparty H was shocked by Nonparty H, and H fell into the right shoulder due to the shock.

H was hospitalized at the J Hospital located in Namnam-Gun I (hereinafter “Defendant Hospital”) prior to the Defendant’s operation from May 30, 2014 to July 1, 2014, by suffering from the elbling of the elel executives and the elbs of the elel and the elbs.

(c)

(1) On the date of hospitalization, the Defendant hospital applied the part (L long lesplint) that was not placed on the right side of H, after X-ray shooting on the date of hospitalization.

B. On June 2, 2014, the Defendant Hospital carried out an operation (ORIF, Open relic and innate) on the part of the uppermost body of H’s right pel, and fixed the operation part as side.

On June 12, 2014, the Defendant Hospital prescribed Tutch to H on June 12, 2014.

Applicant on June 17, 2014, the Defendant Hospital confirmed the outcome of credit and farming (pus) on the operation department, and implemented the removal of pipes and felling on June 20, 2014, on June 28, 2014.

(v) the Defendant Hospital discharged to H on July 1, 2014.

(d)

On December 18, 2014, H was diagnosed as a disability disease under the Act on Man-gu L Hospital located in Nam-gu, Nam-gu, Nam-gu, Seoul, with the limitation on the exercise scope of Man-gu and Man-gu, the right-side non-pathal incomplete damage, the right-side Man-gu, Man-gu and Man-gu.

【Ground Gap’s evidence Nos. 2 and 3, Eul’s evidence No. 1, and the purport of the whole pleadings

2. Claims on both sides;

A. No hindrance to the Plaintiff’s right-hand Bridge cannot be caused by the instant accident, and it was caused by the Defendant hospital’s negligence, i.e., incidental (slin) or a set of degree courses at the Defendant hospital, or due to lack of diagnosis, of which the treatment period was set.

Therefore, 13,67. 667. 45,56,970 won paid by the Plaintiff, which amount to 30% of the negligence of the Defendant Hospital.

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