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대법원 2019.07.25 2017다234903

손해배상(의)

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court rejected the Plaintiff’s assertion that “Defendant C failed to fulfill its duty to explain to the Plaintiff regarding the merger certificate that may be caused by the instant surgery,” on the grounds as indicated in its reasoning.

In light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the ground of appeal No. 2, the lower court rejected the Plaintiff’s assertion that “Defendant C dealt with the instant surgery equipment in a brupted manner during the instant surgery and damaged the Plaintiff’s scale, and thereby caused the symptoms of the paralysis that were not on both sides,” on the grounds as indicated in its reasoning.

In light of the relevant legal principles and records, the lower court did not err in its judgment in violation of the rules of evidence as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.