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(영문) 서울고등법원 2017.12.14 2014나38809

손해배상(의)

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The reasons why this court should explain this part of the facts of recognition are the same as the part of "1. Basic Facts" of the judgment of the court of first instance, and thus, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. The summary of the allegations by the parties 1) Defendant C (A) committed the instant procedure to the Plaintiff: (a) had the duty of care to check whether the Plaintiff had been in a proper position prior to injecting drugs; (b) neglected to put the Plaintiff into the cerebral tension with air and cryp agents, etc.; and (c) did not take appropriate emergency measures except for the Plaintiff’s cryption and cryption, even though the Plaintiff was in a state where cryption is likely to cause cerebral damage due to low cryption, such as dypheric pressure decrease, even though the Plaintiff was unable to recover from his mind after the instant procedure and was in a state where the cryption and cryption were administered.

The negligence of Defendant C caused her brain death and sculption to the Plaintiff immediately after the instant procedure was conducted, and the climatic and climatic brain death occurred, resulting in the climatic and climatic brain death.

B) As such, Defendant C and its employer jointly did not perform their duty of explanation as to the Plaintiff’s course of performing the instant treatment, Defendant C and the Plaintiff are liable to compensate the Plaintiff for damages incurred due to negligence in the instant treatment, negligence in neglecting first aid treatment after the instant treatment, and violation of the duty of explanation.

2) Defendant C’s assertion (A) using the Low Appeal Service Act at the time of the instant procedure, increased the number of vaccinations in the outer space between 7 and 1 with the Plaintiff’s trend.