손해배상(의)
All appeals are dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 2
(a) In cases of conducting medical acts that infringe on the body, such as the surgery of a patient, barring special circumstances, consent to such medical treatment shall be obtained by explaining the symptoms of the disease, the details and necessity of treatment methods, the potential risks of occurrence, etc. prior to the medical treatment, in light of the current medical level, and by making the patient concerned choose whether to undergo such medical treatment by sufficiently comparing the necessity or risks of the disease with those of the patient, unless urgent or other special circumstances exist;
(see, e.g., Supreme Court en banc Decision 2009Da17417, May 21, 2009). In particular, if such medical practice is performed at the stage of clinical trials, the safety and effectiveness (treatment effect) of the pertinent medical practice is obliged to explain in comparison with the general and standard medical practice performed clinically at the time of enforcement.
(2) In light of the purport of the entire pleadings and the result of the examination of evidence, the court below’s determination as to whether the assertion is true or not in accordance with logical and empirical rules based on the ideology of social justice and equity (Article 202 of the Civil Procedure Act). Meanwhile, the court below’s determination as to whether the allegation was not true or not, based on the principle of free evaluation of evidence, based on logical and empirical rules, based on the principle of free evaluation of evidence and the principle of equity (Article 202 of the Civil Procedure Act), and the court’s determination as to whether the allegation was not true or not, based on the fact that the judgment below did not go beyond the bounds of the principle of free evaluation of evidence and that the consent of the patient was clearly anticipated (see, e.g., Supreme Court Decisions 92Da2585, Apr. 15, 1994; 201Da27449, Jan. 11, 2002).
(Article 432 of the same Act). (b)
citing the reasoning of the judgment of the court of first instance, the lower court cited the reasoning of the judgment.