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(영문) 서울고등법원 2018.08.30 2017나2075850

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance, 8 to 3, 3, 1. Basic Facts, and 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. 1) The main point of the parties’ assertion (i) whether the surgery of this case was negligent in the operation of this case)

B. The Plaintiff received treatment due to the aggravation of the instant scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s

Since earth and sand documentary evidence generated from the instant surgery is a general merger certificate of the instant surgery, it cannot be presumed that the occurrence of earth and sand is negligent in the instant surgery only.

B) If symptoms constituting side effects after the operation of the relevant legal doctrine have occurred, it is also possible to presume that such symptoms were caused by a violation of the medical duty of care by proving various indirect facts, other than the violation of the medical duty of care, with respect to the occurrence of the symptoms, etc. (see, e.g., Supreme Court Decision 2000Da39674, Oct. 27, 200).