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(영문) 서울고등법원 2014.11.28 2011나28900

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part of the Defendants in the judgment is modified as follows.

The Plaintiff, Defendant A, B, F.

Reasons

1. In the first instance court, the Plaintiff filed a claim for damages equivalent to the cost of medical care benefits and the amount of co-payment against the Defendants. The first instance court dismissed the remainder of the claim upon partially accepting the Plaintiff’s claim regarding the “claim for damages equivalent to the cost of medical care benefits,” but all of the Plaintiff’s claim regarding the “claim for damages equivalent to the amount of co-payment” was dismissed.

As to this, the Plaintiff appealed against “the part against the Plaintiff out of the damages equivalent to the medical care benefit cost of the judgment of the first instance.” The Defendants appealed against “the part against the Defendants in the judgment of the first instance (the part against which the medical care benefit cost is equivalent)” and filed an incidental appeal.

Therefore, only "the part on the claim for damages equivalent to the medical care benefit cost" is subject to the judgment of this Court.

2. The reasons in this case are as follows: (a) by adding “B” to “A” in the front of the 6th, the 11th, the 8th, the 12th, the 3rd “C” in the judgment of the court of first instance; (b) adding “H” in the 12th, the 4th “Defendant A”; and (c) by Article 2(a)(3) of the judgment of the court of first instance (the 17th, the 10th to the 18th, the 18th) (the 17th, the 17th to the 18th one), except for the following new provisions, it is identical to “the entry in paragraphs 1 and 2(a) in the corresponding part of the Defendants of the judgment of the court of first instance”; and therefore, this shall be

『(3) 소결론 원고에게, ① 피고 A, B, F, H은 C, D과 각자 이 사건 제1위법행위에 따른 손해배상금 427,709,983원(플루코젠캡슐에 관하여 지급된 요양급여비용 1,425,699,945원 × 0.3, 원 미만 버림, 이하 같다

Of them, the "amount of personal seal" in the attached Table 1 column for each corresponding amount as stated in the same list as the corresponding date of calculation shall be as of the corresponding date of calculation, and (2) Defendant A, B, E, G and each of them shall be in accordance with the second illegal act of this case.