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(영문) 서울고등법원 2012.02.14 2011나34899

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. On May 19, 2009, the Plaintiff received 4 cosmetic cosmetic surgery (hereinafter “instant surgery”) from the Defendant on the following grounds: (a) the Plaintiff, through the burial method of the Defendant on May 19, 2009, by cutting the inner inner part of the mouth of the mouth, by cutting off the mouth of the mouth, and by inserting the mouth collected from the Plaintiff’s return, there is no dispute between the parties to the instant surgery.

2.(a)

The plaintiff asserted that the defendant is liable to pay consolation money due to an unlawful surgery and mental disability caused by the plaintiff, since the defendant forcedly anesthesia the plaintiff, conducted a pairal sex surgery without designing a pairal dys, conducted an incomplete and incomplete operation and treatment to prevent the plaintiff from properly removing the plaintiff's loss by failing to participate in the operation, even though the plaintiff merely consented to the national anesthesia at the time of the instant operation, and displayed his will to refuse the operation under the condition that only the right dysium extraction was made, the defendant forced anesthesia the plaintiff to do so, and caused the plaintiff to suffer more serious and snow than the right gys of the plaintiff's left side, and the defendant is obliged to pay consolation money due to the above unlawful surgery and mental disorder.

B. First, we examine whether a forced operation was conducted under the anesthesia against the Plaintiff’s will.

1) However, there is no dispute between the parties that the Plaintiff could no longer undergo the surgery in the course of the instant surgery because it said that the Plaintiff would no longer undergo the surgery in the course of gathering the fals from the right ear. However, there is no description of Gap 1 through 6, Gap 8 through 15, and Eul 2 and three (including the fals number).