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(영문) 광주고등법원 2019.01.11 2015나2729

손해배상(의)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the reasoning of the judgment is identical to the reasoning of the judgment of the court of first instance, and thus, the same shall be cited except for the following modified parts.

▣ 제1심판결문 5쪽 9째줄 ‘이장재’를 ‘수복치료 시 치아 보호를 위한 이장재’로 수정 ▣ 제1심판결문 6쪽 밑에서 2째줄 ‘받았다.’ 다음에 ‘이로 인해 치아의 기존 수복물이 탈락하여 추가 레진 수복치료가 필요하게 되었다.’를 추가 ▣ 제1심판결문 8쪽 8째줄 ‘없다.’, 9쪽 밑에서 7째줄 ‘있다.’ 다음에 ‘또한 치과 치료 시 일괄적으로 이장재를 사용한 후 레진을 수복해야 하는 것은 아니다.’를 추가

2. The plaintiff's assertion in this court also asserts that this court has concluded that the defendant had been negligent by intention or negligence in the process of treating the plaintiff's infant, where the defendant did not wear the plaintiff's infant properly and did not perform an unnecessary procedure while treating the plaintiff's infant, left the plaintiff's pain, and did not treat the plaintiff's child as necessary

However, even if all the evidence submitted in the appellate court are gathered, it is insufficient to recognize that the defendant had any intention or negligence in the course of treating the plaintiff's infant, and there is no other sufficient evidence to see it.

It is difficult to properly change the fact-finding or judgment of the first instance court to the same purport.

3. Conclusion, the first instance judgment is justifiable.

The plaintiff's appeal is dismissed for lack of reason.