손해배상(의)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. As to the cause of the claim, the plaintiff suffered damages equivalent to 2,00 won for re-operation costs on the wind of the defendant's wrong surgery against the plaintiff, and the defendant is obligated to pay the plaintiff the above damages amounting to 2,000 won and damages for delay. However, there is no evidence to prove that the defendant erred in the surgery against the plaintiff. Thus, the plaintiff's above assertion is without merit.
2. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is unfair by dismissing the lawsuit of this case, but this case has been tried to the extent that it can render a judgment on the merits of this case. Thus, it is not remanded to the court of first instance pursuant to the proviso of Article 418 of the Civil Procedure Act, but it is decided
However, in the instant case where only the Plaintiff appealed, the first instance judgment cannot be revoked, which is disadvantageous to the Plaintiff, who is the appellant, under the principle of prohibition of disadvantageous alteration, and thus, the judgment of dismissal of the appeal cannot be rendered. Therefore, only the Plaintiff’s appeal shall be dismissed.