손해배상(의)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated, and Article 2-b of the judgment of the court of first instance.
The following paragraph 2-A:
As stated in paragraph 2, with respect to the matters asserted by the Defendants in the trial, the following 2-B.
This is the same as the reasoning of the judgment of the court of first instance, except for addition of judgment like Paragraph (1), and such judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Matters to be changed or added;
(a) 2-b;
A doctor who has been requested to perform cosmetic surgery, etc. is obliged to carefully select procedures, etc. to realize the client's specific results on the basis of his or her own external appearance and the specific results desired by the client based on his or her special knowledge, as well as to encourage the client to carefully select the procedures, etc. to realize the client's desired results, by referring to the necessity, difficulty, method of the procedure, the degree of the patient's external appearance, the risk of occurrence, side effects, etc. of the patient's external appearance change, the client's gender, age, occupation, and the experience of cosmetic surgery, etc. in order for the client to fully understand it.
(see Supreme Court Decision 2012Da94865, Jun. 13, 2013). Meanwhile, the duty to explain is a procedural measure that is essential to a doctor in the course of moving into an aggressive medical practice, and is interpreted as having the burden of proving the doctor’s performance of the duty to explain, barring any special circumstance, the liability for damages is the principle of guiding the fair and reasonable burden of damages.