beta
(영문) 서울고등법원 2018.09.13 2016나2028239

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against Defendant B, which is equivalent to the following order to pay:

Reasons

1. The contents to be stated in this part of the basic facts are identical to the part of the '1. Basic Facts' on the grounds of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 42

2. Under the Plaintiff’s assertion, the Plaintiff’s negligence of the Defendants led to the Plaintiff’s cerebral rapy. As such, the Defendants jointly are liable to compensate the Plaintiff for damages arising from nonperformance of obligations or tort under the medical treatment contract, and Defendant B is the employer of Defendant C, who is the employer of the Defendant C, under Article 756 of the Civil Act.

Although Defendant C, as a water treatment physician, has to exercise the best care to prevent physical harm from being caused by taking into account all the circumstances, such as the patient’s condition, treatment method effect, side effects, etc., when conducting a water treatment with respect to the Plaintiff, Defendant C’s negligence in the course of treating the Plaintiff as a water treatment physician, Defendant C had to give excessive pressure on the part of the bed and the part of the bed when the first and the second treatment was conducted so that the Plaintiff had to suffer from the bed and scambling, and caused the Plaintiff to suffer from the bed and scambling. ② The Plaintiff neglected to conduct a preliminary examination on whether the Plaintiff was in an unclaimed state after having suspended the treatment with the second and the scam ford, and caused the Plaintiff to suffer from the scambling scambling, or aggravated the scambling scambling which had already occurred.

B. Defendant B’s negligence in the medical treatment of Defendant B, as the Plaintiff’s doctor, did not take measures such as examining the causes of the two copies of the first medical treatment and the drum for the Plaintiff who did not suffer from low-quality diseases, such as cerebral typosis, and thus, was unable to diagnose the Plaintiff in a timely manner. ② As for Defendant C, the Plaintiff was given secondary medical treatment for three days after the Plaintiff suspended the first medical treatment with two copies and drums.