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(영문) 대법원 2018.10.25 2018다254416

용역비

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1.(a)

The lower court rejected the Plaintiff’s instant claim against the Defendants on the following grounds.

(1) A around May 198, Defendant A entered a vegetable state due to the negligence of the medical personnel belonging to the Plaintiff, and was hospitalized at the hospital operated by the Plaintiff (hereinafter “Plaintiff hospital”).

Defendant B guaranteed Defendant A’s obligation to pay medical expenses to the Plaintiff.

(2) Defendant A is referred to as “the second lawsuit seeking additional damages due to the continued existence after the life-sustaining period anticipated at the time of the first lawsuit for damages due to the above medical malpractice.”

A) The Defendant filed a lawsuit. The Defendant filed a claim for medical expenses, etc. anticipated to be incurred from January 1, 2013 in the second lawsuit but did not claim them. Even if the Defendant’s claim for a separate lawsuit conflicts with res judicata of the final and conclusive judgment of the second lawsuit and thus is not permitted under the Civil Procedure Act, the pertinent claim does not disappear under the substantive law. Moreover, there is no circumstance that the said Defendant was actually repaid by the Plaintiff or renounced the relevant claim. (3) As long as the Defendant continued to receive the treatment of the Plaintiff’s hospital by December 31, 2014 without any change in any particular condition until December 31, 2014, it is reasonable to view that the Plaintiff’s treatment of the Plaintiff’s medical accident was to cure or prevent aggravation of the vegetable condition, which is a plant from medical accident.

These treatments are merely compensating for the damage of Defendant A caused by medical malpractice, and thus the Plaintiff cannot seek payment of the medical expenses from the Defendants.

B. The lower court’s determination is justifiable in accordance with the purport of the Supreme Court’s judgment remanded, and it did not err in its judgment.

2. The Plaintiff’s appeal is without merit, and all costs of appeal are dismissed.