손해배상(의)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against the defendant D and E by the plaintiff A and B
A. While treating Plaintiff A and B’s assertion, Defendant E violated the duty of explanation as follows, resulting in the death of Plaintiff A and B by putting medical malpractice into death.
Therefore, Defendant E and its employer jointly and severally liable to pay the Plaintiff KRW 20,934,852 as damages (i.e., KRW 3,934,852 as well as funeral expenses KRW 7,000 as KRW 5,00,000 as damages), and KRW 10,000,00 as damages (i.e., KRW 5,00,000 as damages) to Plaintiff A as damages (i.e., KRW 5,00,000 as damages) and damages for delay.
1) Defendant E did not fully explain the risk and side effects of the instant surgery to Plaintiff A and B, who is the F or his guardian. Defendant E merely obtained a formal signature from Plaintiff A after the instant surgery was completed. In addition, Defendant E did not explain the instant insertion surgery in advance to F on February 8, 2013. As a result, the F and the said Plaintiffs were deprived of the opportunity to choose an appropriate place of treatment without entirely predicting the result of death after the instant surgery, and violated the right to self-determination. (ii) Defendant E was deprived of the opportunity to select an appropriate place of treatment and infringed the right to self-determination. (iii) Defendant E’s assertion of negligence on the part of an alleged violation of the duty of care under the medical care under the Medical Treatment Act was withdrawn from the third day of pleading on August 17, 2017, which was inappropriate.
Nevertheless, without proper measures, Defendant E is the Plaintiff A and B-D on January 25, 2013.