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| TITLE | Daejeon District Court 2021Na150 Decided September 8, 2022: Appeal 【Compensation for damages (Others)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: (a) Party A visited a hospital run by Party B for the treatment of a skin disease on the paws of a pet dog that Party A had been raising for six years; (b) Party A had a neuter surgery performed at the recommendation of Party B; (c) Party A observed a state where the surgical site re-opened and bloody discharge was produced; (d) the pet dog was repeatedly hospitalized in and discharged from Party B’s hospital and treated, only to have its condition worsened; (e) Party A had to re-arrange for the necrotic tissue removement and re-closing of the skin at a different hospital; and (f) Party A sought damages against Party B for negligence in medical treatment, it was held that: (x) since Party B’s medical negligence was found during the operation and treatment of the pet dog, Party B is liable for damages related thereto; (y) unless the scope of economic damages cannot be limited by calculating the objective exchange value of the pet dog as a living organism, Party B is responsible for all damages incurred to Party A for the previous treatment costs; and (z) Party B is also obligated to pay compensation to Party A because Party A suffered considerable emotional distress during the operation and therapy of the pet dog. | |
