The costs of appeal are assessed against the Plaintiff.

The court below rejected the Plaintiff’s claim based on the reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, that the medical personnel of the Defendant hospital could not be deemed to have been negligent or to have violated the duty to explain due to the diagnosis duty

In light of the records, the above judgment of the court below is just and acceptable, and there is no violation of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on medical negligence.

Therefore, the appeal is 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.

Justices Park Byung-hee

Justices Ko Young-han

Justices Kim Jae-tae